Date of Decision: April 1, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Executive Accountant and Auditor
Field: Accounting and Auditing
Nationality: Not specified in the provided excerpt
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The Petitioner served as a judge of the work of others in his field.
- Authorship of Scholarly Articles: The Petitioner authored scholarly articles in professional publications.
- Leading or Critical Role: The Petitioner performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Criteria Not Met:
- Sustained National or International Acclaim: The Petitioner did not demonstrate sustained national or international acclaim and recognition in the field of accounting and auditing. His achievements were not considered sufficient to establish that he is among the small percentage at the very top of his field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide evidence of receiving a major, internationally recognized award.
Published Materials About the Petitioner:
The Petitioner referenced four articles from 2005, 2012, 2013, and 2014. However, these articles were not sufficient to demonstrate sustained national or international acclaim.
Original Contributions of Major Significance:
The Petitioner’s work, including his auditing and editing roles, did not establish major significance or recognition in the field.
Participation as a Judge:
The Petitioner participated in various audits and editorial activities, but these did not demonstrate that he is at the very top of his field.
Membership in Associations:
The Petitioner had appointments and roles in various organizations but did not demonstrate that these resulted in sustained national or international acclaim.
Authorship of Scholarly Articles:
The Petitioner authored and compiled several books and articles, but the sporadic nature of these publications and their impact did not meet the required standard of sustained acclaim.
Leading or Critical Role Performed:
While the Petitioner held significant roles within his organization, this alone was insufficient to establish him as one of the small percentage at the very top of his field.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not provided.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Educational Background: Junior college graduation certificate in accounting, additional training courses, and professional qualifications.
- Professional Roles: Chairman, president, chief accountant, and legal representative of his own business.
- Judging Activities: Participation in judicial examinations and audits.
- Authorship and Editorial Roles: Authored chapters in books and articles in professional journals.
- Reference Letters: Provided but lacked detailed information supporting sustained national or international acclaim.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. The evidence provided did not sufficiently show that his achievements have been recognized to the extent required for this highly restrictive classification.
Next Steps: The Petitioner may consider gathering more substantial evidence of sustained national or international acclaim and recognition in his field or exploring other visa categories that might be more appropriate for his qualifications and achievements.
