Date of Decision: November 30, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Digital Signage Designer and Manufacturer
Field: Business (Digital Advertising)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- High Salary:
The Petitioner provided statistical evidence indicating that the Beneficiary’s salary in Sweden was high relative to other private sector engineers, corporate production and operations managers, and managers of small enterprises. The record supports that the Beneficiary meets this regulatory criterion.
Criteria Not Met:
- Lesser nationally or internationally recognized prizes or awards:
The awards submitted were not nationally or internationally recognized and were often received by the Beneficiary’s clients, not the Beneficiary himself. - Membership in associations:
The Petitioner did not demonstrate that the associations in which the Beneficiary held membership required outstanding achievements judged by recognized experts. - Original contributions of major significance:
Letters of support did not provide sufficient evidence that the Beneficiary’s work substantially impacted the digital signage industry or constituted major contributions. - Authorship of scholarly articles:
The articles submitted were promotional in nature and did not qualify as scholarly articles in professional or major trade publications. - Leading or critical role:
The evidence did not sufficiently demonstrate the Beneficiary’s role as leading or critical to the organizations’ overall success.
Key Points from the Decision
Awards and Prizes Won:
The Beneficiary received awards from clients and for internal company recognition. However, these awards were not demonstrated to be nationally or internationally recognized, nor were they awards directly attributable to the Beneficiary.
Published Materials About the Petitioner:
The Beneficiary authored articles, but these were not considered scholarly or published in major professional or trade publications.
Original Contributions of Major Significance:
Support letters from clients and business partners did not establish that the Beneficiary’s contributions had significant impact on the broader field of digital signage.
Participation as a Judge:
No evidence was provided to support this criterion.
Membership in Associations:
Memberships provided did not require outstanding achievements as judged by recognized experts.
Authorship of Scholarly Articles:
Articles submitted were not deemed scholarly or published in major media.
Leading or Critical Role Performed:
Evidence provided was insufficient to demonstrate a leading or critical role in organizations with distinguished reputations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Statistical evidence showed the Beneficiary’s high salary in Sweden relative to other professionals in similar roles.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Awards and Prizes: Internal company awards and client recognitions.
- Published Articles: Articles on company websites promoting the Beneficiary’s business.
- Letters of Support: Letters from clients and business partners praising the Beneficiary’s work.
- Salary Evidence: Statistical data comparing the Beneficiary’s salary to others in similar fields in Sweden.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The evidence provided did not establish that the Beneficiary met the required criteria for EB1 classification, nor did it demonstrate sustained national or international acclaim in his field.
Next Steps: It is recommended that the Petitioner review the evidentiary criteria and consider providing more robust documentation of national or international recognition and major contributions in any future petitions.
