Date of Decision: May 25, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Education and Linguistics
Field: Education and Linguistics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
- Nationally or internationally recognized prizes or awards for excellence: The petitioner provided a certificate indicating completion of a course, but this was not recognized as a prize or award for excellence.
- Membership in associations requiring outstanding achievements: The petitioner’s certificate was not considered indicative of membership in an association requiring outstanding achievements.
- Leading or critical role in distinguished organizations: The documentation did not demonstrate that the petitioner’s roles were leading or critical within the organizations mentioned.
- High salary or significantly high remuneration in the field: The petitioner’s earnings were not demonstrated to be high in relation to others in the field.
Key Points from the Decision
The decision emphasizes the petitioner’s inability to demonstrate eligibility under the required criteria for extraordinary ability. The appeal was dismissed based on the lack of evidence to support the claims of extraordinary ability and the insufficient documentation of intent to continue work in the area of expertise.
Supporting Documentation
The petitioner submitted educational certificates, letters of reference from previous employers, and wage statements. These documents failed to satisfy the regulatory criteria necessary for the classification sought.
Conclusion
Final Determination: The petitioner did not meet the burden of proof required for the EB-1 extraordinary ability classification. The appeal was dismissed.
Reasoning: The evidence provided did not satisfy the necessary criteria, nor did it demonstrate the petitioner’s sustained acclaim or significant contributions to their field.
Next Steps: The petitioner may consider other visa categories or reapply with additional evidence that fulfills the regulatory requirements.
