Date of Decision: April 23, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Chef
Field: Culinary Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Leading or Critical Role: The Petitioner provided evidence of his critical role as executive chef of a distinguished restaurant, along with media coverage and other evidence demonstrating that this establishment enjoys a distinguished reputation.
Criteria Not Met
Published Material in Major Media: The Petitioner submitted articles that appeared in Italian publications such as “Il Venerdi di Repubblica” and “Cucina Italiana.” However, the Petitioner did not provide evidence to establish that these publications qualify as professional or major trade publications or other major media. The articles also lacked supporting details such as circulation figures or intended audience to confirm their status as major media. Furthermore, there was an inconsistency regarding the Petitioner’s employment, which cast doubt on the accuracy of the published material.
Display of Work at Artistic Exhibitions or Showcases: The Petitioner participated in an “Ultimate Chef Showdown,” a judged cooking competition held at a conference. However, the evidence did not show that this event was intended as an artistic exhibition or showcase. The competition was part of the conference’s programming focused on food and beverage operations rather than an artistic showcase.
High Salary or Remuneration: The Petitioner submitted evidence of his prior earnings, including IRS Forms W-2. However, he did not provide independent evidence or comparative salary data to establish that his salary was high relative to others in the field. The Director had advised the Petitioner to provide additional documentation in this regard, which was not submitted in response to the request.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: The Petitioner did not establish that the submitted articles were from major media or primarily about his work and achievements.
Original Contributions of Major Significance:
Summary of findings: No evidence provided.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: The Petitioner did not pursue this criterion on appeal.
Authorship of Scholarly Articles (Not applicable)
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner established his role as an executive chef at a distinguished restaurant.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner did not provide evidence of participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Summary of findings: The Petitioner did not provide sufficient evidence to establish a high salary in relation to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings: The Petitioner did not pursue this criterion on appeal.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition.
Articles and Publications: Did not meet the required standards for major media coverage.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
