Date of Decision: March 11, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fund Manager
Field: Financial Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The Beneficiary has participated in judging the work of others, fulfilling this criterion.
Authorship of Scholarly Articles: The Beneficiary has authored scholarly articles.
Leading or Critical Role for Distinguished Organizations: The Beneficiary has held a leading or critical role.
High Salary or Other Significantly High Remuneration: The Beneficiary has received a high salary.
Criteria Not Met:
Awards or Prizes: No evidence was submitted indicating the Beneficiary has received nationally or internationally recognized prizes or awards.
Published Material: No press or media coverage was shown in the evidence provided, which would contribute to a finding of sustained national or international acclaim.
Original Contributions of Major Significance: The Beneficiary did not claim this criterion, and there was no evidence of original contributions of major significance.
Key Points from the Decision
Awards and Prizes Won:
- No nationally or internationally recognized prizes or awards were presented in the evidence.
Published Materials About the Petitioner:
- There was no press or media coverage provided that could support the Beneficiary’s national or international acclaim.
Original Contributions of Major Significance:
- The Petitioner did not claim or provide evidence for this criterion.
Participation as a Judge:
- The Beneficiary has judged the work of others, fulfilling one of the required criteria.
Membership in Associations:
- Not specified or claimed in the documentation.
Authorship of Scholarly Articles:
- The Beneficiary has authored scholarly articles, satisfying this criterion.
Leading or Critical Role Performed:
- The Beneficiary has performed in a leading or critical role for a distinguished organization.
Artistic Exhibitions or Showcases:
- Not applicable in this case.
Evidence of High Salary or Remuneration:
- The Beneficiary has demonstrated receiving a high salary, meeting this criterion.
Commercial Successes in the Performing Arts:
- Not applicable in this case.
Supporting Documentation
- Judging the Work of Others: Documentation and letters indicating the Beneficiary’s participation in judging the work of others.
- Authorship of Scholarly Articles: Copies of scholarly articles authored by the Beneficiary.
- Leading or Critical Role for Distinguished Organizations: Employment records and letters confirming the Beneficiary’s leading role.
- High Salary or Other Significantly High Remuneration: Pay stubs and financial documents demonstrating high remuneration.
Conclusion
Final Determination: The decision of the Director has been withdrawn, and the matter has been remanded for further review and a new decision.
Reasoning: The Director’s decision did not adequately explain the reasons for denial, nor did it properly conduct a final merits determination considering all the evidence together in its totality.
Next Steps: The Director should evaluate the totality of the record, including additional evidence provided on appeal, to determine if the Beneficiary has demonstrated sustained national or international acclaim and is among the small percentage at the very top of the field of endeavor.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 18360658
MAR112022_01B2203
