Date of Decision: February 13, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Chief Executive Officer (CEO)
Field: E-commerce based Gourmet Food Delivery
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Published Material About the Petitioner
The petitioner provided evidence that the beneficiary was featured in a Forbes magazine article (Argentina edition), which satisfies the criterion for published materials about the beneficiary in professional or major trade publications.
Criterion 2: Leading or Critical Role for Distinguished Organizations
The petitioner demonstrated that the beneficiary served in a leading role for several companies, including [Company 1] and [Company 2], which have a distinguished reputation in Argentina.
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner claimed several awards, including the CEO of the Year (2013) awarded by [Organization], but did not provide adequate evidence to demonstrate that these awards were nationally or internationally recognized for excellence in the field. The awards lacked documentation on the criteria used to grant them, the number of recipients, and public announcements or media coverage of the awards.
Criterion 2: Membership in Associations
The petitioner claimed membership in associations, including [Association 1] and [Association 2], but did not demonstrate that these memberships required outstanding achievements judged by recognized national or international experts. The provided evidence showed that the memberships were based on business ownership and financial criteria rather than on outstanding achievements.
Criterion 3: Original Contributions of Major Significance
The petitioner claimed that the beneficiary made original business-related contributions of major significance in the field of food service, but did not provide sufficient evidence to demonstrate the widespread impact or implementation of these contributions. The testimonials and media coverage did not establish the contributions as being of major significance to the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed several awards but did not provide sufficient evidence to demonstrate that these awards were nationally or internationally recognized for excellence in the field.
Published Materials About the Petitioner:
The petitioner provided published materials about the beneficiary, including an article in Forbes magazine (Argentina edition), which meets the criterion for published materials in professional or major trade publications.
Original Contributions of Major Significance:
The petitioner claimed contributions to the food service industry but did not provide sufficient evidence to demonstrate their major significance. The provided testimonials lacked detailed information on the impact of these contributions.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner provided evidence of membership in associations but did not demonstrate that these memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner demonstrated that the beneficiary held leading roles within distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
Articles and Publications: Various articles and publications about the beneficiary’s work.
Letters of Reference: Letters from colleagues and associates detailing the beneficiary’s contributions and roles.
Award Documentation: Information about the awards claimed by the petitioner.
Membership Information: Documentation of memberships in various associations.
Salary Information: Not applicable.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the required criteria for demonstrating extraordinary ability. The evidence submitted did not establish national or international recognition of the beneficiary’s achievements or demonstrate major contributions to the field of e-commerce based gourmet food delivery. The petitioner did not show that the beneficiary’s professional accomplishments placed him among the small percentage at the very top of his field.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on awards with national or international recognition, significant contributions, and other achievements that demonstrate standing at the top of the field. Exploring other immigration options that may be more suitable given the evidence available is also recommended.
