Date of Decision: November 9, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Chief Executive Officer-Solutions Architect
Field: Business
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Membership in Associations:
The Petitioner claimed membership in the Young President’s Organization (YPO). However, the evidence did not demonstrate that YPO’s membership criteria require outstanding achievements judged by recognized national or international experts.
Published Materials About the Petitioner:
The Petitioner submitted several articles. However, many did not meet the regulatory requirements for authorship or publication in major media. Those that did were not primarily about the Petitioner.
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:
No evidence was provided to support this criterion.
Authorship of Scholarly Articles:
No evidence was provided to support this criterion.
Leading or Critical Role:
The Petitioner did not establish that the organizations he worked for have a distinguished reputation.
Evidence of High Salary or Remuneration:
The Petitioner compared his total remuneration to the base salary of others, which was not an accurate comparison. He did not establish that he commands a high salary relative to others in his field performing similar roles.
Commercial Successes in the Performing Arts:
No evidence was provided to support this criterion.
Key Points from the Decision
Membership in Associations:
The Petitioner did not demonstrate that YPO’s membership criteria require outstanding achievements judged by recognized national or international experts.
Published Materials About the Petitioner: The submitted articles did not meet the regulatory requirements for authorship or publication in major media and were not primarily about the Petitioner.
Leading or Critical Role: The Petitioner did not establish that the organizations he worked for have a distinguished reputation.
Evidence of High Salary or Remuneration: The Petitioner did not provide accurate and persuasive comparative evidence to establish that he commands a high salary relative to others in his field performing similar roles.
Supporting Documentation
Membership in Associations:
- Young President’s Organization (YPO): Membership criteria and bylaws provided but did not demonstrate outstanding achievements judged by recognized experts.
Published Materials:
- Various articles submitted did not meet the regulatory requirements or were not primarily about the Petitioner.
Leading or Critical Role:
- Evidence of roles at various organizations did not establish the distinguished reputation of these organizations.
Evidence of High Salary:
- Salary reports and tax returns did not provide accurate comparative evidence.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The Petitioner did not demonstrate eligibility for the EB-1 classification. He did not meet any of the criteria required for this highly restrictive visa classification. The evidence provided did not support claims of sustained national or international acclaim or recognition as an individual at the very top of his field.
Next Steps: The Petitioner may consider additional evidence or alternative visa classifications if eligible.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 22646759
Document: NOV092022_01B2203
