Date of Decision: DEC. 16, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Foreign Language Instructor
Field: Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The petitioner did not provide evidence of receiving nationally or internationally recognized awards.
Published material about the alien in professional or major trade publications or other major media: The petitioner did not provide evidence of such publications.
Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification: The petitioner did not provide sufficient evidence to confirm participation as a judge.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance: The petitioner did not demonstrate major significance in contributions.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation: The petitioner provided letters from former students but did not demonstrate a critical role in the organizations.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field: The petitioner’s salary was above average but not significantly high in comparison to others in the field.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner did not demonstrate receipt of awards or prizes recognized nationally or internationally.
Published Materials About the Petitioner:
- The petitioner provided an internal newsletter article about his students, not meeting the criterion for major media publication.
Original Contributions of Major Significance:
- The petitioner cited participation in an event with the German President but did not show a significant impact on the field.
Participation as a Judge:
- The petitioner provided examiner licenses but did not document actual participation as a judge.
Membership in Associations:
- Not applicable.
Authorship of Scholarly Articles:
- Not applicable.
Leading or Critical Role Performed:
- The petitioner provided letters from former students but did not demonstrate a critical role in organizations.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- The petitioner’s salary was above average but not significantly high.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
Income Tax Report:
- Provided evidence of salary but not sufficiently high in relation to others in the field.
Examiner Licenses:
- Provided licenses but did not confirm actual participation as a judge.
Letters from Former Students:
- Provided letters supporting the petitioner’s teaching abilities but not demonstrating significant contributions to the field.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not satisfy at least three of the ten regulatory criteria required for classification as an individual of extraordinary ability. The evidence provided did not demonstrate sustained national or international acclaim or that the petitioner has risen to the top of the field.
Next Steps: The petitioner may consider providing more substantial evidence or explore alternative immigration pathways.
