Date of Decision: April 28, 2020
Service Center: Nebraska 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
None of the criteria were conclusively met as the Director’s findings were not upheld on appeal.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner provided several certificates, including an “Award for Excellence” from Restaurant, a “Certificate of Award” from another establishment, and “Certificates of Appreciation” from multiple restaurants. However, the Petitioner did not provide sufficient supporting evidence to demonstrate that these certificates are nationally or internationally recognized for excellence in the culinary field. The documentation did not include objective evidence regarding the criteria used to grant the awards, their national or international significance, or comprehensive information about the awards’ background.
Membership in Associations: The Petitioner claimed membership in various associations and provided a “Certificate of Training” from an organization in the Philippines and letters from restaurant administrators. However, the Petitioner did not demonstrate that these memberships required outstanding achievements judged by recognized national or international experts. The evidence was related to employment rather than membership in associations with strict criteria for outstanding achievements.
Published Material About the Petitioner: The Petitioner provided an article from the University of Urdaneta City Journal. However, the article did not include the required title, date, and author details. Additionally, there was no information establishing the publication as a major trade or professional publication. Therefore, the Petitioner did not meet the criterion for published material about him in major media.
Original Contributions of Major Significance: The Petitioner submitted various certificates of recognition and letters of recommendation. However, these documents praised the Petitioner’s culinary skills and contributions without providing specific details on how these contributions have been of major significance in the culinary field. The documentation lacked evidence of widespread implementation or significant impact on the field.
High Salary or Remuneration: The Petitioner provided a letter stating his earnings at a restaurant in Spain, along with comparative salary data for cooks in Spain. However, the letter did not include supporting data such as pay stubs or tax returns. Additionally, the comparative data showed that the Petitioner’s earnings were lower than the average wages of cooks, failing to establish that he commanded a high salary relative to others in the field.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not demonstrate that the awards received are nationally or internationally recognized for excellence in the culinary field.
Published Materials About the Petitioner:
Summary of findings: The provided article did not meet the required standards for major media coverage.
Original Contributions of Major Significance:
Summary of findings: The letters and certificates provided did not sufficiently detail the major significance of the Petitioner’s contributions in the field.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence demonstrating that memberships required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: The Petitioner did not establish that his salary is high in relation to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
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.
