Date of Decision: FEB. 16, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Operations Specialist
Field: Business Operations
Nationality: Korean
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role:
The petitioner fulfilled the leading or critical role criterion by demonstrating significant roles in the business operations field.
High Salary:
The petitioner provided evidence of receiving a high salary, indicative of their extraordinary ability in their field.
Criteria Not Met:
Published Material about the Petitioner:
The petitioner did not meet the criterion of having published material about them in professional or major trade publications or other major media. The evidence submitted lacked the necessary details such as authors, dates, and circulation statistics.
Original Contributions of Major Significance:
The petitioner did not sufficiently demonstrate original contributions of major significance in the business operations field. The evidence provided did not meet the required standard for this criterion.
Key Points from the Decision
Awards and Prizes Won:
- No substantial evidence of major internationally recognized awards was provided.
Published Materials About the Petitioner:
- The petitioner submitted various articles from Korean newspapers. However, these articles lacked author information and complete translations, which diminished their probative value.
Original Contributions of Major Significance:
- The petitioner’s claims of significant contributions were not supported by sufficient documentary evidence.
Participation as a Judge:
- No evidence was provided to show the petitioner’s participation as a judge of the work of others in the business operations field.
Membership in Associations:
- The petitioner did not provide sufficient evidence of membership in associations that require outstanding achievements.
Authorship of Scholarly Articles:
- No substantial evidence of the petitioner authoring scholarly articles in professional journals was presented.
Leading or Critical Role Performed:
- The petitioner demonstrated leading roles but did not sufficiently prove their significance at the top levels required.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- The petitioner provided evidence of a high salary, which was accepted as indicative of their extraordinary ability.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Newspaper Articles: Various articles from Korean newspapers, which lacked author information and complete translations.
- Salary Documentation: Evidence of the petitioner’s high salary in their professional field.
- Circulation Statistics: Translations of circulation statistics from the Korean Audit Bureau of Certification, which were incomplete and uncertified.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required criteria for extraordinary ability. The evidence submitted was insufficient in key areas, particularly regarding published material and original contributions of major significance.
Next Steps:
- Ensure all future evidence submissions are complete and certified.
- Gather more robust documentation of original contributions and published material.
