Date of Decision: MAR. 8, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Digital Product and Business Manager
Field: Mobile Communications Industry
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Original Contributions of Major Significance:
- The petitioner claimed to have made original contributions of major significance in the mobile communications industry. However, the documentation provided was insufficient to establish that these contributions were widely recognized as significant in the field.
Leading or Critical Role:
- The petitioner held positions such as head of strategy and business development and senior product manager at distinguished organizations. However, the evidence did not demonstrate that these roles were critical to the organizations’ success at an organizational level.
High Remuneration:
- The petitioner presented offers and compensation packages from various companies. Nonetheless, these were found to be inconsistent and inadequately supported by documentary evidence to show they were significantly higher compared to others in the field.
Criteria Not Met
Awards and Prizes:
- No major internationally recognized award was presented.
Published Materials About the Petitioner:
- There was no sufficient evidence of published material in major media about the petitioner.
Authorship of Scholarly Articles:
- The petitioner did not submit evidence of scholarly articles published in professional journals.
Membership in Associations:
- There was no evidence of membership in associations that require outstanding achievements.
Participation as a Judge:
- The petitioner did not provide evidence of serving as a judge of the work of others in the field.
Artistic Exhibitions or Showcases:
- Not applicable to the petitioner’s profession.
Commercial Successes in the Performing Arts:
- Not applicable to the petitioner’s profession.
Key Points from the Decision
Awards and Prizes Won
- No awards or prizes were noted as significant or meeting the criteria for extraordinary ability.
Published Materials About the Petitioner
- The petitioner did not present sufficient published materials that discussed their work extensively in the field.
Original Contributions of Major Significance
- The documentation provided did not convincingly demonstrate that the petitioner’s contributions were recognized as majorly significant within the industry.
Participation as a Judge
- No evidence was provided to support claims of judging the work of peers in the field.
Membership in Associations
- The petitioner failed to show membership in associations that demand outstanding achievements.
Authorship of Scholarly Articles
- There were no scholarly articles authored by the petitioner submitted.
Leading or Critical Role Performed
- While the petitioner held senior roles, the documentation did not show these were critical at an organizational level.
Artistic Exhibitions or Showcases
- Not applicable.
Evidence of High Salary or Remuneration
- The petitioner’s claim of high remuneration was not substantiated with adequate and consistent evidence.
Commercial Successes in the Performing Arts
- Not applicable.
Supporting Documentation
- Job Offers and Compensation Packages: Provided offers from various companies; however, lacked supporting documents to validate the claims.
- Patent Documentation: Authored a U.S. patent in 2019, which was not deemed sufficient to meet the criterion on its own.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The petitioner did not meet the required initial evidence of a one-time achievement or satisfy at least three of the ten regulatory criteria.
- The overall documentation did not support the petitioner’s claim to sustained national or international acclaim or demonstrate that the petitioner is among the small percentage at the very top of their field.
Next Steps:
- The petitioner may consider gathering more substantial evidence, particularly in areas such as high remuneration, critical roles, and original contributions, before refiling.
