Date of Decision: April 23, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Executive
Field: Business Management
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge
The petitioner served on a selection committee for an award from the Shanghai Securities News in 2012, fulfilling the criterion for participation as a judge of the work of others.
Authorship of Scholarly Articles
The petitioner authored several scholarly articles in journals relating to business management, which met the criterion for extraordinary ability.
Leading or Critical Role
The petitioner performed in a leading role as a member of the board of directors for a major company, which has a distinguished reputation in its field.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner received an “Outstanding [Position] of Listed Companies” award in 2009 from the Shanghai Securities News. However, the record did not establish the significance of the award or its impact on her acclaim in the field.
Membership in Associations
The petitioner claimed membership in associations that require outstanding achievements. However, the evidence provided did not show that the memberships were based on the required outstanding achievements judged by recognized experts.
High Remuneration for Services
The petitioner held high-ranking positions and was compensated accordingly, but the evidence did not show that her remuneration was indicative of sustained national or international acclaim.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received an award from the Shanghai Securities News but failed to demonstrate its significance and impact.
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance: Not applicable
Participation as a Judge:
The petitioner served on the selection committee for an award from the Shanghai Securities News, fulfilling this criterion.
Membership in Associations:
The petitioner did not provide sufficient evidence to establish that her memberships were based on outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The petitioner authored several scholarly articles, meeting this criterion.
Leading or Critical Role Performed:
The petitioner served in a leading role for a major company, meeting this criterion.
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration:
While the petitioner was compensated well, the evidence did not show that this remuneration was indicative of extraordinary ability.
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Scholarly Articles: Copies of articles authored by the petitioner.
Shanghai Securities News Award: Information about the award and the selection committee participation.
Board Membership: Evidence of the petitioner’s role and responsibilities as a member of the board of directors for a major company.
Association Memberships: Documentation of memberships in various associations.
Employment and Salary Records: Records of the petitioner’s high-ranking positions and remuneration.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner failed to demonstrate sustained national or international acclaim and did not meet the required three criteria for demonstrating extraordinary ability. Issues regarding the credibility of the evidence submitted further weakened the petitioner’s case. The petitioner’s previous high-ranking positions and remuneration were not sufficient to establish her as one of the small percentages at the very top of her field.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability and reapplying or exploring other immigration options that may be more suitable given the evidence available.
