Date of Decision: May 20, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Professional
Field: Wine Expertise
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified as met in the final decision.
Criteria Not Met:
Membership in associations in the field which require outstanding achievements of their members
The petitioner claimed membership in the China Beverage Industry Association (CBIA), but evidence was found to be falsified.
Key Points from the Decision
Material Misrepresentation:
The petitioner submitted falsified documents to claim membership in the CBIA. An overseas investigation revealed that the CBIA does not admit individuals as members and the submitted certificate lacked the association’s official seal. Furthermore, the translations of the CBIA articles provided by the petitioner were altered to falsely represent a membership category that does not exist.
Supporting Documentation
Membership Certificate: The petitioner provided a Chinese language certificate allegedly from CBIA, which was found to be fraudulent.
Translations of CBIA Articles: These were found to be altered to falsely claim membership.
Previous Petition Evidence: Similar false documents were used in a prior petition, which was also revoked.
Conclusion
Final Determination: Appeal Dismissed (Withdrawn by Petitioner)
Reasoning: The petitioner made willful misrepresentations of material facts regarding his membership in the CBIA. The discrepancies in the documents led to the conclusion that the claims stated in the petition were not true. When given the opportunity to rebut these findings, the petitioner chose to withdraw the appeal without addressing the adverse findings.
Next Steps:
The petitioner may face future admissibility issues due to the finding of willful material misrepresentation. Any new applications or petitions will consider the facts and circumstances surrounding this prior petition. The petitioner should ensure that all future evidence is accurate and verifiable to avoid similar issues.
