Date of Decision: August 8, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur and Financier
Field: Business
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading role for organizations with a distinguished reputation:
The petitioner served as a co-founder and chairman of a telecommunications company and a venture capital firm.
Material about the petitioner in major media:
The petitioner has been featured in major media outlets for his business achievements and speaking engagements.
Criteria Not Met:
Receipt of lesser nationally or internationally recognized awards:
The petitioner submitted evidence for several awards, but the evidence did not establish that these awards were nationally or internationally recognized within the field of business.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner did not provide sufficient evidence to establish that the awards he received were recognized for excellence in his field on a national or international level.
- Key quotes or references: “The record does not include further information about the award or about viewership of the website, or other evidence to show that the award is nationally or internationally recognized in the field of business.”
Published Materials About the Petitioner:
- Summary of findings: The petitioner was featured in media articles, but these were not sufficient to demonstrate sustained national or international acclaim.
- Key quotes or references: “The evidence of media coverage consists of a single article posted on the website which announced the Petitioner’s upcoming receipt of the award.”
Original Contributions of Major Significance:
- Summary of findings: The petitioner claimed contributions through awards and speaking engagements, but did not provide direct evidence of contributions to the field of business.
- Key quotes or references: “Neither of these types of evidence are direct evidence of contributions to his field, since neither were shown to be contributions in themselves.”
Participation as a Judge:
Not applicable
Membership in Associations:
Not applicable
Authorship of Scholarly Articles:
Not applicable
Leading or Critical Role Performed:
- Summary of findings: The petitioner played a leading role in various companies, but the evidence provided did not establish that these roles were recognized at the top of the field.
- Key quotes or references: “The record includes scant documentary evidence about these companies, their reputation in the field, or the Petitioner’s role and accomplishments.”
Artistic Exhibitions or Showcases:
Not applicable
Evidence of High Salary or Remuneration:
Not applicable
Commercial Successes in the Performing Arts:
Not applicable
Supporting Documentation
- Awards Documentation: Evidence of awards received, but lacking proof of national or international recognition.
- Media Coverage: Articles and press releases about the petitioner’s achievements and speaking engagements.
- Leadership Roles: Documentation of the petitioner’s roles in various companies and organizations.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to demonstrate sustained national or international acclaim and did not provide sufficient evidence to meet at least three of the ten evidentiary criteria for the EB-1 classification. The documentation lacked necessary details, corroborative evidence, and objective proof of significant contributions to the field.
Next Steps: The petitioner may consider gathering more detailed and comprehensive evidence to support future petitions or appeals.
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