Date of Decision: January 29, 2021
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 (later revoked)
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or critical role for distinguished organizations or establishments:
The petitioner held high-ranking corporate positions and was a board member of several distinguished organizations.
High salary or other significantly high remuneration in relation to others in the field:
The petitioner provided evidence of receiving significant compensation commensurate with her important roles.
Published material in professional or major trade publications or other major media:
The petitioner authored articles in journals related to business management and served on a journal’s editorial board.
Criteria Not Met:
Sustained national or international acclaim:
While the petitioner demonstrated success in her career, the evidence did not sufficiently establish sustained national or international acclaim or that she is among the top percentage in her field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable as the petitioner did not provide evidence of major, internationally recognized awards.
Published Materials About the Petitioner:
The petitioner authored articles in business management journals and was involved in editorial activities. However, the record did not demonstrate that these publications alone were indicative of sustained national or international acclaim.
Original Contributions of Major Significance:
Not specifically claimed or documented by the petitioner.
Participation as a Judge:
Not applicable as this criterion was not claimed or documented by the petitioner.
Membership in Associations:
Not specifically claimed or documented by the petitioner.
Authorship of Scholarly Articles:
The petitioner authored several articles in business management journals, fulfilling this criterion.
Leading or Critical Role Performed:
The petitioner served in leading roles in several distinguished organizations, meeting this criterion.
Evidence of High Salary or Remuneration:
The petitioner provided evidence of significant remuneration, fulfilling this criterion.
Commercial Successes in the Performing Arts:
Not applicable as this criterion was not relevant to the petitioner’s field.
Supporting Documentation
Letters of Recommendation: Provided support but lacked detailed evidence of sustained national or international acclaim.
Employment Records: Included documentation of the petitioner’s high-ranking roles and compensation.
Published Articles: Demonstrated authorship but did not establish top-level acclaim.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the requirement of demonstrating sustained national or international acclaim or that she is among the small percentage at the very top of her field.
While the petitioner met three of the criteria, the totality of the evidence did not support a finding of extraordinary ability as defined by the USCIS standards.
Next Steps:
The petitioner may consider gathering additional evidence that more clearly demonstrates sustained national or international acclaim.
Consulting with an immigration attorney to better document and present qualifications could improve future petitions.
