Date of Decision: June 2, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur
Field: Business
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
None of the criteria were conclusively met as the Director’s findings were not upheld on appeal.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner did not provide sufficient evidence to demonstrate the receipt of nationally or internationally recognized prizes or awards for excellence in the field of business. Awards received by the Petitioner’s companies were not considered personal awards.
Membership in Associations: The Petitioner did not provide evidence demonstrating that the memberships were based on outstanding achievements judged by recognized experts in the field.
Published Material About the Petitioner: The Petitioner did not provide sufficient evidence of published material about him in professional or major trade publications or other major media.
Judging the Work of Others: The Petitioner did not provide sufficient evidence to demonstrate participation as a judge of the work of others in the same or an allied field of specialization.
Original Contributions of Major Significance: The Petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field of business.
Artistic Exhibitions or Showcases: The Petitioner did not provide evidence to demonstrate that his work was displayed at artistic exhibitions or showcases.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not demonstrate personal receipt of nationally or internationally recognized prizes or awards for excellence in the field. Awards given to the Petitioner’s companies did not satisfy this criterion.
Published Materials About the Petitioner:
Summary of findings: The articles provided did not meet the standards for major trade or professional publications and were not primarily about the Petitioner’s work or achievements.
Original Contributions of Major Significance:
Summary of findings: The letters provided did not sufficiently detail the major significance of the Petitioner’s contributions to the field of business. The evidence did not demonstrate that the Petitioner’s contributions had a significant impact on the wider field.
Participation as a Judge:
Summary of findings: The Petitioner did not provide sufficient evidence to show that he judged the work of others in his field. Routine managerial duties were not considered equivalent to judging the work of others.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence demonstrating that the memberships were based on outstanding achievements judged by recognized experts in the field.
Authorship of Scholarly Articles: (Not applicable)
Summary of findings: No evidence provided.
Leading or Critical Role Performed: (Not applicable)
Summary of findings: No evidence provided.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner did not provide evidence to demonstrate that his work was displayed at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration: (Not applicable)
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts: (Not applicable)
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish that the Petitioner personally received any nationally or internationally recognized awards.
Articles and Publications: Did not meet the standards for major trade or professional publications.
Letters from Colleagues and Employers: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
