Date of Decision: NOV. 26, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Corporate Attorney
Field: Business, with a focus on International Mergers and Acquisitions
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Documentation of Achievements: The Petitioner provided extensive documentation demonstrating his extraordinary ability in the field of business, specifically in international mergers and acquisitions.
- Expertise in Field: The Petitioner is recognized for his highly sought-after expertise in China’s international mergers and acquisitions sector.
Criteria Not Met:
- Major, Internationally Recognized Award: The Petitioner did not submit evidence of a one-time major, internationally recognized award.
Key Points from the Decision
Published Materials About the Petitioner:
The evidence provided includes significant documentation regarding the Petitioner’s achievements and recognition in his field, although specific publications were not detailed in the Director’s analysis.
Original Contributions of Major Significance:
The Petitioner’s expertise and contributions to international mergers and acquisitions were noted, particularly his insider knowledge of multinational corporations and state-owned enterprises in China.
Leading or Critical Role Performed:
The Petitioner serves as the chief general counsel and legal department general manager for a Chinese Fortune Global 500 company, highlighting his critical role in the business sector.
Evidence of High Salary or Remuneration:
The Petitioner has a highly remunerative position as a senior corporate attorney, indicating his standing in the field of business.
Supporting Documentation
- Supporting Letters: Letters from colleagues and experts in the field attesting to the Petitioner’s extraordinary ability and significant contributions to international business.
- Career Plan Statement: Detailed plans for continuing work in the United States, including opening a boutique business consultancy.
- Legal Opinion Paper: A 1995 legal opinion from the Office of General Counsel supporting the inclusion of business professionals in the EB-1 category.
Conclusion
Final Determination: The decision was remanded for further action and entry of a new decision.
Reasoning: The Director’s initial decision lacked sufficient analysis of the Petitioner’s expertise in the field of business. The appeal highlighted the need to properly evaluate the totality of the evidence provided.
Next Steps: The Director is to request any additional evidence deemed necessary and allow the Petitioner to submit such evidence within a reasonable period of time. The Director must then reassess the Petitioner’s eligibility based on the comprehensive evidence.
