Date of Decision: MAR. 07, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Chief Executive Officer
Field: Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards for excellence:
The petitioner claimed the 2014 Entrepreneurial Spirit Award but did not establish its national or international recognition for excellence. Additionally, awards received in 2020 and 2021 were not considered as they occurred after the initial petition filing.
Membership in associations requiring outstanding achievements:
Membership with the local Chamber of Commerce and related ambassador and board roles did not meet the requirement for outstanding achievements judged by national or international experts.
Published material about the petitioner in professional or major trade publications or other major media:
The petitioner did not provide sufficient evidence of published material about him in major media. Articles provided did not demonstrate national or international recognition or meet all regulatory requirements.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided evidence for the 2014 Entrepreneurial Spirit Award but failed to prove its national or international significance or that it was an award for excellence in his field. Subsequent awards received were outside the timeframe considered relevant for the petition.
Published Materials About the Petitioner:
The articles provided did not demonstrate that they were about the petitioner in relation to his work in a major or professional trade publication. Some articles mentioned him but were not specifically about his achievements or work.
Original Contributions of Major Significance:
No evidence was provided to support this criterion.
Participation as a Judge:
No evidence was provided to support this criterion.
Membership in Associations:
The petitioner’s memberships did not meet the criteria of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
No evidence was provided to support this criterion.
Leading or Critical Role Performed:
No evidence was provided to support this criterion.
Artistic Exhibitions or Showcases:
No evidence was provided to support this criterion.
Evidence of High Salary or Remuneration:
No evidence was provided to support this criterion.
Commercial Successes in the Performing Arts:
No evidence was provided to support this criterion.
Supporting Documentation
- Entrepreneurial Spirit Award (2014): The petitioner did not demonstrate this award’s national or international recognition for excellence.
- Membership with Chamber of Commerce: Did not meet the criteria for outstanding achievements judged by recognized experts.
- Articles from lastartupprize.com, The Tech Talk, and Chamber Connection: Did not demonstrate national or international recognition or meet all regulatory requirements.
- Additional awards and recognitions (2020 and 2021): Not considered due to occurring after the initial petition filing date.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner failed to meet the initial evidentiary requirement of three criteria under 8 C.F.R. § 204.5(h)(3). The documentation provided did not establish that the petitioner’s achievements have been recognized at a national or international level.
Next Steps:
The petitioner may consider gathering more substantial evidence demonstrating national or international recognition in their field before reapplying.
