Date of Decision: December 20, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Specialist
Field: Business
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Documentation of Lesser Recognized Prizes or Awards: The Petitioner provided evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in their field.
- Membership in Associations: The Petitioner submitted documentation showing membership in associations that require outstanding achievements, as judged by recognized experts.
- Published Material About the Individual: There was evidence of published material about the Petitioner in professional or major trade publications, relating to their work.
Criteria Not Met:
- Original Contributions: Although claimed, the Director’s decision did not adequately address the evidence for original business-related contributions of major significance.
- Leading or Critical Role: The evidence for performing in a leading or critical role for distinguished organizations was not properly addressed by the Director.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner provided evidence of receiving lesser nationally or internationally recognized awards, which were considered but not sufficiently detailed in the Director’s decision.
Published Materials About the Petitioner:
- The Petitioner submitted articles and other media coverage about their work, meeting the criterion for published material.
Original Contributions of Major Significance:
- Evidence was submitted for original contributions in the field of business, but the Director’s decision did not fully consider this evidence.
Participation as a Judge:
- Not specifically addressed in the decision.
Membership in Associations:
- Membership in the Chamber of Shopping Centers of Chile was noted, but discrepancies regarding the nature of this membership were highlighted. The Director is required to clarify if the membership meets the criteria of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
- The Petitioner claimed this criterion on appeal but did not address it in response to the RFE. Therefore, it was not considered.
Leading or Critical Role:
- Evidence of performing in a leading or critical role for distinguished organizations was provided but not adequately addressed by the Director.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Letter from the President of the Chamber of Shopping Centers of Chile (December 2022): Certifies the Petitioner’s participation.
- Letter (April 2023): Clarifies the Petitioner’s membership status.
- Articles and Media Coverage: Submitted to meet the published material criterion.
Conclusion
Final Determination: The Director’s decision is withdrawn. The case is remanded for a new decision.
Reasoning: The Director’s decision did not fully address the evidence submitted, nor did it provide a detailed explanation for the denial. The Petitioner submitted evidence for several criteria that were not adequately considered. The case is remanded to address these deficiencies and inconsistencies.
Next Steps: The Petitioner should ensure that all discrepancies in the evidence are clarified and submit any additional documentation that may support the criteria not fully addressed. A detailed and thorough review of all submitted evidence is recommended for the new decision.
