EB-1 Extraordinary Ability USCIS Appeal Review – Finance Business Partner – NOV242020_05B2203

Date of Decision: November 24, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Finance Business Partner
Field: Finance and Accounting
Nationality: [Not Specified]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:
Participation as a Judge: The Petitioner served as a judge for the 2018 iGaming Idol awards, the 2019 Partnership Awards, and the 2019 Stevie Awards, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Leading or Critical Role: The Petitioner played a leading or critical role within the Natural Environmental Research Council (NERC), satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(viii).

Criteria Not Met:
Membership in Associations: The Petitioner’s memberships in the Chartered Institute of Management Accountants (CIMA) and the Institute of Financial Accountants (IFA) did not require outstanding achievements judged by recognized experts, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material: The Petitioner did not provide sufficient evidence of published material in major media about her, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner’s evidence did not establish original contributions of major significance in the field of finance and accounting, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).

Key Points from the Decision

Awards and Prizes Won:
The Petitioner did not provide sufficient evidence of awards that meet the required criterion.

Published Materials About the Petitioner:
The materials submitted did not qualify as professional or major media. The articles focused on the Petitioner’s company rather than her individual achievements.

Original Contributions of Major Significance:
The Petitioner’s contributions, while recognized within her company, did not demonstrate major significance in the field of finance and accounting.

Participation as a Judge:
The Petitioner participated as a judge in professional and academic settings, meeting this criterion.

Membership in Associations:
The Petitioner’s memberships did not meet the criterion of requiring outstanding achievements judged by recognized experts.

Authorship of Scholarly Articles:
Not applicable.

Leading or Critical Role Performed:
The Petitioner played leading roles within NERC, meeting this criterion.

Artistic Exhibitions or Showcases:
Not applicable.

Evidence of High Salary or Remuneration:
Not applicable.

Commercial Successes in the Performing Arts:
Not applicable.

Supporting Documentation

The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of judging activities. However, these did not collectively establish the required criteria for extraordinary ability.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that she met at least three of the ten initial evidentiary criteria for extraordinary ability. The evidence provided did not establish her memberships in associations requiring outstanding achievements, her published material as major media, or her contributions as of major significance. The Petitioner did not show that her roles were leading or critical in distinguished organizations.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of her contributions or explore other immigration options that may better fit her qualifications.

Download the Full Petition Review Here

Edward
Edward

I am a computer science student of the Federal University of Technology Owerri.
I enjoy reading Sci-fy novels, watching anime and playing basketball.

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