Date of Decision: AUG. 19, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Digital Graphics Designer
Field: Digital Graphics and Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Leading or critical role: The petitioner demonstrated that the beneficiary had performed in a critical role for an organization with a distinguished reputation.
Criteria Not Met:
- Awards for excellence: The beneficiary’s claim to awards was linked to a company award, which was not established as nationally or internationally recognized for individual excellence.
- Published material about the alien: Articles were more focused on the company and its projects, not specifically highlighting the beneficiary’s personal contributions or achievements.
- High salary or remuneration: Despite a high salary compared to national averages, the documentation failed to prove it was significant within the specific professional level or field of the beneficiary.
Key Points from the Decision
Awards and Prizes Won:
The petitioner contended that the beneficiary met the eligibility requirements for an award criterion based on a company-achieved award, which was not sufficiently documented as recognized for individual excellence in the field.
Leading or critical role performed:
The beneficiary was confirmed to have a critical role within the company, supported by media articles and recommendation letters demonstrating a significant impact and leadership within the organization.
Evidence of High Salary or Remuneration:
Although the beneficiary’s salary was above average, it did not meet the criterion for extraordinary ability as the comparative data provided was not adequately specific to his professional level as a director of graphic design.
Supporting Documentation
- Company awards documentation: Lacked adequate proof of national or international recognition.
- Media articles and recommendation letters: Supported claims of critical role but not other criteria.
- Financial documents and comparative salary data: Demonstrated high salary but insufficient for extraordinary ability classification.
Conclusion
Final Determination: The evidence provided did not meet the required number of evidentiary criteria for classification as extraordinary ability. The appeal is dismissed based on the failure to substantiate eligibility with the necessary documentation and the high standards required for this visa category.
Reasoning: The documentation did not convincingly demonstrate that the beneficiary meets the high standard for extraordinary ability set by USCIS guidelines.
Next Steps: The petitioner may consider gathering more specific and individual-focused evidence or explore other visa classifications that might be more appropriate given the beneficiary’s current documentation and professional status.
