Date of Decision: August 17, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fire Prevention Specialist
Field: Fire Safety and Prevention
Nationality: [Nationality not provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Membership in associations that require outstanding achievements:
The Petitioner was elected as one of the vice presidents of the [Fire Protection Association].
Authorship of scholarly articles:
The Petitioner authored six scholarly articles in the field of fire prevention.
Leading or critical role for distinguished organizations or establishments:
The Petitioner held high-ranking positions in fire safety organizations and was recognized for his role in fire prevention departments.
Criteria Not Met:
Sustained national or international acclaim:
The Petitioner did not demonstrate sustained national or international acclaim as required for EB1 classification. The acclaim was primarily local.
Published materials about the Petitioner:
The materials submitted did not establish a level of national or international recognition.
Original contributions of major significance:
The contributions were significant at a local level but did not reach the national or international stage.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not present evidence of a major, internationally recognized award.
Published Materials About the Petitioner:
The published articles did not reflect or result in sustained national or international acclaim.
Original Contributions of Major Significance:
The contributions, while important, were mainly recognized locally and did not demonstrate national or international impact.
Participation as a Judge:
The Petitioner participated as a judge on review panels; however, these panels were primarily local, not national or international.
Membership in Associations:
The Petitioner was a member of a safety production expert panel and held a vice president position, but these were local distinctions.
Authorship of Scholarly Articles:
The Petitioner’s articles were published in journals that did not have wide national or international influence.
Leading or Critical Role Performed:
The Petitioner’s roles, while critical locally, did not demonstrate a high level of national or international recognition.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not provided.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
Vice President Election Certificate: Document certifying the Petitioner’s election as vice president of the [Fire Protection Association].
Scholarly Articles: Six articles authored by the Petitioner.
Patent Applications: Four patent applications related to fire protection products in China.
Letters of Support: Various letters from colleagues and organizations.
Municipal Participation Evidence: Documents indicating the Petitioner’s involvement in local fire safety initiatives.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the high standards of sustained national or international acclaim required for the EB1 classification. The evidence provided demonstrated significant local recognition but did not establish the Petitioner’s position at the very top of the field on a national or international level.
Next Steps:
It is recommended that the Petitioner provides additional evidence of national or international recognition if considering future appeals or applications.
