Date of Decision: DEC. 18, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: General Management Executive
Field: Business
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role: The petitioner fulfilled this criterion by demonstrating her leading role as a partner in Latin America and as head for a division of a major company.
Criteria Not Met:
Membership in Associations:
- The petitioner failed to prove that her memberships required outstanding achievements judged by recognized national or international experts.
- The associations cited did not require members to demonstrate extraordinary ability, and the selection processes were based on elections rather than expert evaluations.
Participation as a Judge:
- The petitioner did not sufficiently demonstrate her role as a judge of others’ work in her field. The provided evidence indicated she summarized candidates’ profiles rather than judged their work.
Original Contributions of Major Significance:
- The petitioner did not establish that her contributions had a significant impact on her field. Letters provided were deemed too general and speculative about the potential future impact of her work.
Evidence of High Salary:
- The petitioner did not provide adequate evidence to show her salary was high relative to others in similar positions. The comparisons made to salaries of human resource specialists were not relevant to her role as a partner and head.
Key Points from the Decision
Awards and Prizes Won:
- Not applicable as the petitioner did not claim to meet this criterion.
Published Materials About the Petitioner:
- Not applicable as the petitioner did not claim to meet this criterion.
Original Contributions of Major Significance:
- The letters provided lacked specific evidence of the impact of the petitioner’s contributions on the field as a whole.
Participation as a Judge:
- The evidence did not support the claim that the petitioner participated as a judge of the work of others in her field.
Membership in Associations:
- The associations cited did not have stringent membership requirements based on outstanding achievements judged by experts.
Authorship of Scholarly Articles:
- Not applicable as the petitioner did not claim to meet this criterion.
Leading or Critical Role Performed:
- The petitioner demonstrated her role as a partner and head in her organization, but this alone was not sufficient to meet the required number of criteria.
Artistic Exhibitions or Showcases:
- Not applicable as the petitioner did not claim to meet this criterion.
Evidence of High Salary or Remuneration:
- The evidence provided did not sufficiently demonstrate that the petitioner’s salary was significantly high relative to others in similar positions.
Commercial Successes in the Performing Arts:
- Not applicable as the petitioner did not claim to meet this criterion.
Supporting Documentation
- Letters of Recommendation: Provided by colleagues and associates but lacked specific evidence to substantiate claims of extraordinary ability.
- Membership Details: Information about associations which did not meet the criteria for requiring outstanding achievements.
- Salary Information: Incomplete and not sufficiently comparative to similar positions.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
- The petitioner did not meet the required three out of ten criteria for extraordinary ability.
- The evidence provided did not support claims of sustained national or international acclaim.
- The petitioner did not demonstrate that she is among the small percentage at the top of her field.
Next Steps:
- Consideration of alternative visa classifications or additional evidence to meet the criteria for extraordinary ability.
