Date of Decision: March 19, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Digital Marketing Consultant
Field: Business
Nationality: (Not specified)
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Leading or Critical Role:
The petitioner fulfilled the leading or critical role criterion by performing in a critical role as a digital marketing consultant for an organization with a distinguished reputation.
Criteria Not Met
Participation as a Judge:
The petitioner submitted various digital marketing reports and outlines prepared for clients, which were deemed insufficient to demonstrate participation as a judge of the work of others in the field.
Original Contributions of Major Significance:
The petitioner provided letters of support and documentation of business activities, but the evidence did not demonstrate that his work constituted original contributions of major significance in the field.
Authorship of Scholarly Articles:
The petitioner submitted articles posted on LinkedIn’s self-publishing platform. However, these were not considered scholarly articles in professional or major trade publications or other major media.
Key Points from the Decision
Awards and Prizes Won
Not applicable.
Published Materials About the Petitioner
Not applicable.
Original Contributions of Major Significance
- Summary of Findings: Letters of support and documentation provided did not show that the petitioner’s work had a substantial impact on the field beyond individual clients.
- Key Quotes: “The record does not demonstrate that his strategies have affected the industry or the field of digital marketing in a substantial way.”
Participation as a Judge
- Summary of Findings: Digital marketing reports prepared for clients did not meet the requirements for this criterion.
- Key Quotes: “His consulting work did not equate to participation as a judge of the work of others in the same or an allied field.”
Membership in Associations
Not applicable.
Authorship of Scholarly Articles
- Summary of Findings: Articles posted on LinkedIn were not considered scholarly articles in professional or major trade publications.
- Key Quotes: “The evidence does not show that the petitioner’s articles are scholarly in nature.”
Leading or Critical Role Performed
- Summary of Findings: The petitioner performed a critical role as a digital marketing consultant for an organization with a distinguished reputation.
- Key Quotes: “The petitioner fulfilled the leading or critical role criterion.”
Artistic Exhibitions or Showcases
Not applicable.
Evidence of High Salary or Remuneration
Not applicable.
Commercial Successes in the Performing Arts
Not applicable.
Supporting Documentation
- Digital Marketing Reports: Various reports prepared for clients, including initial analysis, measurement reports, and yearly analysis.
- Letters of Support: Letters from clients and business education administrators discussing the petitioner’s contributions.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria.
Next Steps: Recommendations or next steps for the petitioner.
