Date of Decision: OCT. 25, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: English teacher
Field: Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Criterion 1: The petitioner did not provide sufficient evidence of receiving a major internationally recognized award or prizes.
Criterion 2: The petitioner did not present published material about herself in professional or major trade publications.
Criterion 3: There was no evidence of participation as a judge of the work of others in the field.
Criterion 4: The petitioner did not demonstrate original contributions of major significance in the field of education.
Criterion 5: The petitioner did not provide evidence of authorship of scholarly articles in the field.
Criterion 6: The petitioner did not meet the requirement for evidence of a high salary in relation to others in the field.
Criterion 7: The petitioner did not demonstrate membership in associations requiring outstanding achievements.
Criterion 8: No evidence was provided for the petitioner’s work being displayed at artistic exhibitions or showcases.
Criterion 9: The petitioner did not prove leading or critical roles for organizations or establishments with distinguished reputations.
Criterion 10: There was no evidence of commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving major internationally recognized awards or prizes.
Published Materials About the Petitioner:
There was no evidence of published materials about the petitioner in professional or major trade publications.
Original Contributions of Major Significance:
The petitioner did not demonstrate original contributions of major significance to the field of education.
Participation as a Judge:
There was no evidence of the petitioner serving as a judge of the work of others in the field.
Membership in Associations:
The petitioner did not provide evidence of membership in associations requiring outstanding achievements.
Authorship of Scholarly Articles:
There was no evidence of authorship of scholarly articles by the petitioner in the field.
Leading or Critical Role Performed:
The petitioner did not demonstrate having performed leading or critical roles for distinguished organizations.
Artistic Exhibitions or Showcases:
There was no evidence of the petitioner’s work being displayed at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner did not provide evidence of a high salary compared to others in the field.
Commercial Successes in the Performing Arts:
There was no evidence of commercial successes in the performing arts provided by the petitioner.
Supporting Documentation
The petitioner provided documentation, but it was deemed insufficient to meet the necessary criteria for the EB1 Extraordinary Ability classification. The documents failed to establish the petitioner’s extraordinary ability in the required fields.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner failed to meet any of the ten initial evidentiary criteria, which are essential for demonstrating extraordinary ability.
Next Steps: Since the petitioner has already adjusted to permanent resident status through an unrelated proceeding, further pursuit of the EB1 classification is moot.
