EB-1 Extraordinary Ability USCIS Appeal Review – Business Executive – OCT192020_03B2203

Date of Decision: October 19, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Business Executive
Field: Business
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:
Leading or Critical Role: The Petitioner, as the president and CEO of her company, played a leading role, and her company enjoyed a distinguished reputation as a consulting company, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(viii).

Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner did not provide sufficient evidence to show that her awards were nationally or internationally recognized for excellence in the field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Published Material: The Petitioner did not provide sufficient evidence of published material in professional or major trade publications about her, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner’s evidence did not establish original contributions of major significance in the field of business, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).

Key Points from the Decision

Awards and Prizes Won:
The Petitioner’s awards, including a runner-up prize in a 2000 competition and a certificate of recognition from a 2015 ceremony, did not demonstrate national or international recognition for excellence in the field.

Published Materials About the Petitioner:
The materials submitted did not qualify as professional or major trade publications about the Petitioner.

Original Contributions of Major Significance:
The evidence provided, including letters and descriptions of the Petitioner’s work, did not sufficiently demonstrate major significance in the field.

Participation as a Judge:
Not applicable.

Membership in Associations:
The Petitioner’s memberships did not require outstanding achievements judged by recognized experts.

Authorship of Scholarly Articles:
Not applicable.

Leading or Critical Role Performed:
The Petitioner played a leading role as the president and CEO of her company, meeting this criterion.

Artistic Exhibitions or Showcases:
Not applicable.

Evidence of High Salary or Remuneration:
Not applicable.

Commercial Successes in the Performing Arts:
Not applicable.

Supporting Documentation

The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of awards. However, these did not collectively establish the required criteria for extraordinary ability.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that she met at least three of the ten initial evidentiary criteria for extraordinary ability. The evidence provided did not establish her awards as nationally or internationally recognized, her published material as major media, or her contributions as of major significance. The Petitioner did not show that her memberships required outstanding achievements or that her contributions were widely recognized.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of her contributions or explore other immigration options that may better fit her qualifications.

Download the Full Petition Review Here

Edward
Edward

I am a computer science student of the Federal University of Technology Owerri.
I enjoy reading Sci-fy novels, watching anime and playing basketball.

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