Date of Decision: July 12, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur
Field: Pharmaceutical Industry
Nationality: [Not specified in the provided document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role:
The petitioner provided evidence that he performed in a leading or critical role for organizations in the pharmaceutical industry. This includes his roles in two U.S. companies operating in the pharmaceutical sector.
High Salary or Remuneration:
The petitioner submitted IRS Forms W-2 for 2016 and 2017, along with comparative salary data demonstrating that his salary was high in relation to others in the field.
Criteria Not Met:
Membership in Associations:
The petitioner claimed membership in the Entrepreneurs’ Organization (EO). However, the evidence provided was insufficient to prove that EO requires outstanding achievements judged by recognized national or international experts in the field. The documentation did not include the association’s bylaws or similar governing documents to verify this claim.
Original Contributions of Major Significance:
The petitioner did not address or dispute the Director’s finding that he had not established eligibility under this criterion. Consequently, this issue was considered waived.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner’s membership in EO was found insufficient to meet the criterion due to a lack of verifiable evidence regarding the membership requirements and the admission process.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
While the petitioner demonstrated a leading role in his companies, he did not provide sufficient evidence to prove that these companies have a distinguished reputation. The documentation lacked independent evidence such as media reports, rankings, or industry awards.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The petitioner successfully demonstrated that his salary was significantly high in relation to others in his field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
Form I-140 Petition: Evidence of leading or critical roles and high salary.
IRS Forms W-2: Proof of high salary in 2016 and 2017.
Membership Documentation: Evidence of membership in EO, including email exchanges and a letter from the membership chair.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements of either a one-time achievement or at least three of the ten criteria. The evidence provided was insufficient to establish sustained national or international acclaim. The petitioner did not demonstrate that he has risen to the top of his field of endeavor as required for the classification sought.
Next Steps:
The petitioner should consider gathering more substantial evidence that meets the criteria for extraordinary ability classification or exploring other visa options.
