Date of Decision: FEB. 4, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Former Professor
Field: Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge and Authorship of Scholarly Articles: The petitioner established criteria under 8 C.F.R. § 204.5(h)(3)(iv) and (vi).
Criteria Not Met:
National or Internationally Recognized Prizes or Awards: The petitioner did not demonstrate receipt of nationally or internationally recognized awards, as required by 8 C.F.R. § 204.5(h)(3)(i). The awards cited were local or regional and lacked recognition on a national or international level.
Key Points from the Decision
Awards and Prizes Won:
The petitioner cited several awards, including the “Innovare Award” and “Honor to Accounting Merit.” However, these awards were deemed insufficiently recognized on a national or international scale.
Summary of Findings:
- Innovare Award: Not demonstrated to be a nationally or internationally recognized award. The award did not exist before 2010, while the petitioner claimed it in 2005.
- Diploma of Merit: Issued by a regional authority, not meeting the criteria for national or international recognition.
Key Quotes or References:
“The Petitioner has not submitted credible and sufficient evidence confirming that this certificate, issued by a regional authority, constitutes either a nationally or internationally recognized prize or award in the field of education.”
Published Materials About the Petitioner:
Not specifically addressed in the decision.
Original Contributions of Major Significance:
Not specifically addressed in the decision.
Participation as a Judge:
Established as meeting the criteria under 8 C.F.R. § 204.5(h)(3)(iv).
Membership in Associations:
Not specifically addressed in the decision.
Authorship of Scholarly Articles:
Established as meeting the criteria under 8 C.F.R. § 204.5(h)(3)(vi).
Leading or Critical Role Performed:
Not specifically addressed in the decision.
Artistic Exhibitions or Showcases:
Not specifically addressed in the decision.
Evidence of High Salary or Remuneration:
Not specifically addressed in the decision.
Commercial Successes in the Performing Arts:
Not specifically addressed in the decision.
Supporting Documentation
- Innovare Award Certificate: Insufficient evidence of national or international recognition.
- Diploma of Merit: Issued by a regional authority, not meeting the criteria.
Conclusion
Final Determination: Denied
Reasoning:
The petitioner did not meet the required evidentiary criteria for national or international recognition. The awards and certificates presented were deemed insufficient to prove extraordinary ability in the field of education.
Next Steps:
Consider gathering more substantial evidence of national or international recognition and reapply or explore other visa categories.
