Date of Decision: September 4, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Business Executive
Field: Sales and Marketing Strategy
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
The petitioner sought to establish eligibility by meeting at least three of the ten regulatory criteria outlined under 8 C.F.R. § 204.5(h)(3). The AAO determined that the Director’s decision lacked clarity and failed to adequately analyze the petitioner’s evidence.
Criteria Claimed:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner submitted documentation of a nationally recognized sales award. However, the Director did not sufficiently analyze its significance or corroborating evidence.
- Performance in a Leading or Critical Role for Distinguished Organizations:
- The petitioner provided records of executive sales positions at prominent companies. The evidence demonstrated impact and leadership but was not fully evaluated by the Director.
- Evidence of High Salary or Other Significantly High Remuneration:
- Documents, including payroll records and industry salary benchmarks, were submitted to show a salary exceeding industry norms. The Director’s decision failed to address this evidence.
Key Points from the Decision
Director’s Errors:
- The Director concluded that the petitioner did not specify which criteria were being claimed. However, the petitioner’s response to the RFE explicitly referenced evidence corresponding to three criteria and articulated its relevance.
AAO Findings:
- The AAO withdrew the Director’s decision, determining that the petitioner’s evidence was adequately articulated for three criteria. The AAO remanded the matter for the Director to conduct a proper analysis.
Remand Instructions:
- The Director must re-evaluate the petitioner’s eligibility under the three criteria and conduct a final merits determination to assess whether the petitioner demonstrates sustained national or international acclaim as one of the small percentage at the very top of the field.
Supporting Documentation
Award Evidence: Documentation of a nationally recognized sales award.
Leadership Evidence: Records of executive sales positions and their impact on prominent companies.
Salary Evidence: Payroll records and industry benchmarks demonstrating high remuneration.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further analysis and decision-making.
Reasoning:
The petitioner met the evidentiary threshold of articulating three regulatory criteria under 8 C.F.R. § 204.5(h)(3). A proper evaluation is now required to determine eligibility for the EB-1 classification.
