Date of Decision: July 18, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Business Executive
Field: Business Management
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Performance in a Leading or Critical Role:
- The petitioner demonstrated a leading role in a distinguished organization in the business management field.
- Published Material About the Petitioner:
- The petitioner submitted articles discussing his business achievements, which were determined to meet this criterion.
- High Salary or Remuneration:
- Upon review, the Administrative Appeals Office (AAO) concluded that the petitioner provided sufficient evidence of commanding a high salary, resolving discrepancies noted in prior decisions.
Key Points from the Decision
Resolution of Discrepancies:
- The AAO initially cited inconsistencies in the petitioner’s salary figures due to translation errors in tax documents. Upon review, the discrepancies were attributed to the omission of a tax payment in the English translation, while the original documents showed consistency.
High Salary Evidence:
- Tax records, salary survey data, and corroborating financial documentation demonstrated that the petitioner’s earnings were significantly high relative to others in the business management field.
Remand for Final Merits Determination:
- The AAO determined that the petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The case was remanded to the Director for a final merits determination to assess whether the petitioner has achieved sustained national or international acclaim and is among the small percentage at the very top of his field.
Supporting Documentation
Tax Documents: Corrected translations and corroborating records demonstrating high earnings.
Published Articles: Media coverage of the petitioner’s achievements in business management.
Leadership Evidence: Documentation of leading roles in distinguished organizations.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for a final merits determination.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now evaluate whether the petitioner demonstrates sustained national or international acclaim and recognition at the top of his field.
