Date of Decision: September 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Financial Manager
Field: Venture Capital and Investment Management
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
The petitioner sought to establish eligibility by meeting at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). Upon review, the Administrative Appeals Office (AAO) determined that the petitioner met three criteria, warranting a remand for further review.
Criteria Met:
- Published Material About the Petitioner:
- The petitioner submitted articles published in major trade publications, highlighting her achievements and contributions to venture capital investment.
- Participation as a Judge of the Work of Others:
- Evidence included participation in evaluations of investment proposals for venture capital competitions.
- Performance in a Leading or Critical Role for Distinguished Organizations:
- The petitioner demonstrated leadership roles, including as a managing partner at a renowned venture capital firm and as the founder of an investment firm with significant industry accolades.
Key Points from the Decision
Director’s Errors:
- The Director did not sufficiently consider the petitioner’s evidence of leadership and critical roles in firms recognized for excellence within the venture capital field.
- The Director mischaracterized the petitioner’s contributions as general rather than critical to the success of the organizations.
Remand Instructions:
- The Director must conduct a final merits determination to evaluate whether the petitioner demonstrates sustained national or international acclaim and is among the small percentage at the very top of the field.
Evidence of Leading Roles:
- The petitioner submitted an organizational chart, employment verification letters, and media reports detailing her responsibilities, including managing funds totaling over $170 million USD and $1.5 billion RMB.
- Additional evidence demonstrated her critical role in the growth of firms that achieved industry recognition and financial success.
Supporting Documentation
Published Material Evidence: Articles in trade publications showcasing the petitioner’s achievements in venture capital.
Judging Evidence: Participation in venture capital proposal evaluations.
Leadership Evidence: Documents proving leadership and contributions to distinguished organizations in the venture capital field.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further analysis and decision-making.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now assess the totality of the evidence to determine if the petitioner demonstrates extraordinary ability and sustained acclaim in venture capital and investment management.
