Date of Decision: NOV 15, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur
Field: Business
Nationality: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner participated as a panelist and judge in a conference for small and medium businesses, fulfilling the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Receipt of Lesser Recognized Prizes or Awards: The Petitioner did not establish that the awards received were nationally or internationally recognized for excellence in the field. The provided awards were based on innovative ideas rather than excellence, failing the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The Petitioner did not demonstrate that the memberships required outstanding achievements judged by recognized national or international experts. The provided evidence did not meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Materials About the Petitioner: The Petitioner submitted articles from various publications, but the evidence did not establish these publications as major media or professional publications. The articles did not meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner’s contributions, including a marketing book, did not demonstrate major significance or widespread impact in the field. The provided evidence did not meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Authorship of Scholarly Articles: The Petitioner did not provide sufficient evidence that the book or other scholarly materials were considered major contributions in the field, failing the criterion under 8 C.F.R. § 204.5(h)(3)(vi).
High Salary or Remuneration: The evidence provided did not demonstrate that the Petitioner’s salary was high in comparison to others in the same field, failing the criterion under 8 C.F.R. § 204.5(h)(3)(ix).
Key Points from the Decision
Awards and Prizes Won:
Findings: The awards were based on innovative ideas rather than recognized excellence in the field.
Published Materials About the Petitioner:
Findings: The articles were not from major media or professional publications and did not focus on the Petitioner’s work.
Original Contributions of Major Significance:
Findings: The Petitioner’s book and other contributions did not demonstrate major significance or impact in the field of business.
Participation as a Judge:
Findings: The Petitioner’s participation as a judge in a business-related conference fulfilled this criterion.
Membership in Associations:
Findings: The memberships did not require outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Findings: The Petitioner’s book was not sufficiently established as a major contribution in the field.
High Salary or Remuneration:
Findings: The Petitioner’s salary was not demonstrated to be high in comparison to others in the same field.
Supporting Documentation
Articles and Reviews: Various articles and reviews about the Petitioner’s work in business.
Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s contributions to the field of business.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not meet the required initial evidence of either a one-time major achievement or at least three of the ten criteria for extraordinary ability. While the Petitioner met one of the ten criteria, the totality of the evidence did not establish sustained national or international acclaim or demonstrate that the Petitioner is among the small percentage at the very top of his field.
Next Steps:
The Petitioner may consider gathering more robust evidence of his contributions’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
