Date of Decision: May 27, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur and Marketing Specialist
Field: Marketing and Advertising
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Materials About the Petitioner:
The Petitioner submitted articles that interview him and discuss his educational and professional experience, as well as his career highlights as an entrepreneur.
Original Contributions of Major Significance:
Evidence included successful advertising campaigns, founding of companies and non-profit organizations, a public installation in Brazil, a prize program for young professionals in marketing, books authored and published, and numerous testimonial letters discussing his work.
High Salary or Other Remuneration:
The Petitioner provided clarifying evidence and additional documentation regarding his high salary in response to the RFE.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Awards:
The Director determined that the Petitioner did not submit sufficient evidence to meet this criterion.
Leading or Critical Roles:
The Director concluded that the evidence provided did not satisfy the criterion for leading or critical roles within organizations that have a distinguished reputation.
Key Points from the Decision
Published Materials About the Petitioner:
Summary of findings:
Two articles were specifically noted as discussing the Petitioner’s work and experience in the field of marketing and entrepreneurship.
Key quotes or references:
Articles were published by several online media sources and were found to be about the Petitioner and his work.
Original Contributions of Major Significance:
Summary of findings:
Included various successful advertising campaigns, company and non-profit organization founding, public installations, and authored books and articles.
Key quotes or references:
Multiple testimonial letters and evidence related to the Petitioner’s significant contributions in marketing and advertising were submitted.
Evidence of High Salary or Remuneration:
Summary of findings:
The Petitioner addressed and provided additional evidence to support his claim of high salary or other significant remuneration.
Key quotes or references:
The Director acknowledged the Petitioner’s response to the RFE, which included further clarification and additional supporting documents.
Supporting Documentation
Articles interviewing and discussing the Petitioner’s career and achievements.
Evidence of successful advertising campaigns.
Documentation of founding companies and non-profit organizations.
Records of public installations and prize programs established by the Petitioner.
Books and articles authored by the Petitioner.
Testimonial letters from industry experts and professionals.
Evidence of high salary and other significant remuneration.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the matter was remanded for a new decision consistent with the analysis provided.
Reasoning:
The Director’s initial decision lacked detailed analysis and acknowledgment of specific evidence provided by the Petitioner. The remand requires a thorough review and new determination considering all submitted evidence.
Next Steps:
The Director should re-examine the evidence related to the published materials, original contributions, and high salary criteria. If at least three criteria are met, a final merits determination should be conducted to assess the Petitioner’s sustained national or international acclaim and recognition in the field.
