Date of Decision: June 28, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Operations Manager
Field: Business Strategy and Leadership
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Memberships in Associations:
The beneficiary was a member of the [organization] in 2015, recognized for academic excellence and demonstrated leadership.
Original Contributions:
The beneficiary made significant contributions through his work at [company], including leading the development of [product], which proved to be a key growth driver for the business.
Leading or Critical Role:
The beneficiary led the Product Strategy and Business Operations for Sponsored Content at [company], demonstrating a critical role within the organization.
Criteria Not Met:
Published Material:
The articles and book citations provided were insufficient as they did not focus on the beneficiary’s work in the field, and the sources did not qualify as major media.
Key Points from the Decision
Awards and Prizes Won:
The beneficiary did not provide evidence of receiving any major, internationally recognized awards.
Published Materials About the Petitioner:
The material submitted did not meet the criterion for published material as it did not focus on the beneficiary’s work in the field and the publications were not considered major media.
Original Contributions of Major Significance:
While the beneficiary made significant contributions at [company], the evidence did not demonstrate that these contributions garnered national or international acclaim.
Participation as a Judge:
Not applicable based on the provided evidence.
Membership in Associations:
The beneficiary was a member of [organization] in 2015, recognized for academic excellence and leadership.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
The beneficiary’s role in developing [product] and leading business operations at [company] demonstrated a critical role within the organization but did not establish sustained national or international acclaim.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
A brief stating new facts to establish eligibility.
Evidence of the beneficiary’s membership in [organization].
Letters highlighting the beneficiary’s contributions at [company] and his leadership roles.
Articles and book citations featuring the beneficiary’s work.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The beneficiary did not submit sufficient evidence to meet the initial criteria required for EB1 Extraordinary Ability classification. While the beneficiary demonstrated significant contributions and leadership within [company], the evidence did not establish sustained national or international acclaim necessary for this classification.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which the beneficiary may be eligible.
