Date of Decision: July 30, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Finance Minority Business Coach
Field: Finance and Minority Business Coaching
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Motion Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others: The petitioner demonstrated her participation as a judge of the work of others in her field.
Leading or Critical Role for Distinguished Organizations: The petitioner provided evidence of performing in leading or critical roles for organizations with distinguished reputations.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner did not provide sufficient evidence that her awards, such as restricted stock units (RSUs) from her company, are recognized nationally or internationally for excellence in the field of finance or minority business coaching.
Membership in Associations: The petitioner did not establish that her membership in The Venezuelan American Chamber of Commerce and Industry (VENAMCHAM) requires outstanding achievements judged by recognized experts.
High Salary or Other Significantly High Remuneration: The petitioner did not sufficiently demonstrate that she commanded a high salary or significantly high remuneration in relation to others in her field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed that RSUs awarded as part of an Exceptional Contributor Program or Long-Term Incentive Program qualify as nationally or internationally recognized awards. However, the documentation did not show recognition from others in the field of finance, and there was no public acknowledgment of these awards.
Published Materials About the Petitioner:
No evidence was provided of published material about the petitioner in professional or major trade publications.
Original Contributions of Major Significance:
The petitioner’s contributions, while noted, were not sufficiently demonstrated to have major significance in the field of finance and minority business coaching.
Participation as a Judge:
The petitioner successfully demonstrated her participation as a judge of the work of others, fulfilling this criterion.
Membership in Associations:
The petitioner’s membership in VENAMCHAM did not meet the criteria as it was not shown that the membership required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
No evidence was provided for authorship of scholarly articles.
Leading or Critical Role Performed:
The petitioner provided evidence of holding significant positions, demonstrating a leading role in her field.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
The petitioner did not meet the high salary criterion and did not provide evidence for the other criteria.
Supporting Documentation
The petitioner submitted documents including letters from industry experts, employment letters, salary information, and evidence of her roles as a judge and leader. However, these were insufficient to meet the required criteria for extraordinary ability.
Conclusion
Final Determination: The petitioner’s motion to reconsider was dismissed.
Reasoning: The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met some criteria, the totality of the evidence did not demonstrate the sustained national or international acclaim required for this classification. Specifically, the petitioner did not establish the significance of her contributions to the field and her membership in distinguished associations.
Next Steps: The petitioner may consider gathering more substantial and detailed evidence to support her claims and ensure all filing deadlines are met in future motions or appeals. Exploring other visa categories that align more closely with her achievements and current career stage may also be advisable.
