Date of Decision: MAR. 8, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur in Real Estate Development
Field: Real Estate Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes Won:
The petitioner did not submit a one-time achievement such as a major, internationally recognized award. The criteria were evaluated based on documentation of sustained acclaim through other categories.
Criteria Not Met:
Membership in Associations:
The director questioned the petitioner’s eligibility for membership in associations due to altered documentation.
Published Materials About the Petitioner:
No specific publications were mentioned that met the criteria of substantial published material about the petitioner.
Original Contributions of Major Significance:
The documentation provided did not sufficiently demonstrate original contributions of major significance in the field.
Participation as a Judge:
There was no evidence submitted of the petitioner participating as a judge of the work of others in the field.
Authorship of Scholarly Articles:
No scholarly articles authored by the petitioner were provided.
Leading or Critical Role Performed:
The director did not recognize a leading or critical role in distinguished organizations due to concerns about the authenticity of the submitted documents.
Artistic Exhibitions or Showcases:
Not applicable for the petitioner’s field.
Evidence of High Salary or Remuneration:
No evidence was provided of a high salary or other significantly high remuneration.
Commercial Successes in the Performing Arts:
Not applicable for the petitioner’s field.
Key Points from the Decision
Awards and Prizes Won:
The petition was initially denied because of the submission of altered documentation. This undermined the credibility of the petitioner’s claimed achievements.
Published Materials About the Petitioner:
The director did not find sufficient published material to confirm the petitioner’s extraordinary ability.
Original Contributions of Major Significance:
The appeal did not provide compelling evidence of original contributions of major significance, which is crucial for establishing extraordinary ability.
Participation as a Judge:
The petitioner did not meet the requirement of judging the work of others in the same or allied field.
Membership in Associations:
The petitioner’s membership claims were deemed ineligible due to altered documentation, which raised concerns about the overall credibility of the evidence.
Authorship of Scholarly Articles:
The appeal did not include any scholarly articles authored by the petitioner.
Leading or Critical Role Performed:
The altered documentation impacted the recognition of any leading or critical role performed by the petitioner.
Evidence of High Salary or Remuneration:
No documentation was provided to support claims of high salary or remuneration.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Affidavit of the Petitioner: An affidavit detailing the alleged ineffective assistance of the previous attorney and explaining the altered documentation issue.
- Correspondence with Former Attorney: Attempts by the new attorney to contact the former attorney about the allegations of ineffective assistance.
- Evidence of Extraordinary Ability: Various documents submitted to demonstrate the petitioner’s extraordinary ability, although some were found to be altered.
Conclusion
Final Determination: The case was remanded to the Texas Service Center for further proceedings.
Reasoning: The remand was based on the need to determine whether the petition was properly filed and to reassess the eligibility for extraordinary ability classification. The petitioner’s claim of ineffective assistance by the previous attorney was not sufficiently supported by the required documentation.
Next Steps: The petitioner should ensure that all documentation is authentic and consider addressing any issues of ineffective assistance of counsel by meeting the required documentary standards. It is crucial to provide clear and convincing evidence of extraordinary ability in the field.
