Date of Decision: April 29, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: General Manager
Field: [Field not specified in provided text]
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material in Major Trade Publications or Other Major Media: The petitioner provided evidence of published material about their work in significant trade publications.
- Leading or Critical Role: The petitioner demonstrated that they have played a leading or critical role in their organization.
Criteria Not Met:
- Membership in Associations in the Field Which Require Outstanding Achievements of Their Members: The petitioner failed to provide sufficient evidence that the associations required outstanding achievements judged by recognized experts.
- High Salary or Remuneration: The petitioner did not pursue this criterion on appeal, thus it was not considered.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
The petitioner provided published material in major trade publications, which was recognized as meeting one of the criteria.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner claimed membership in the China Fisheries Association and the IAquafarming Association but did not provide adequate evidence that these memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner was recognized for playing a leading role in their organization, which was considered a criterion met.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The petitioner did not pursue this criterion on appeal.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Letter of Certification from China Fisheries Association: Provided but lacked evidence of membership requirements.
- Letter of Certification from IAquafarming Association: Provided but did not meet the criterion of outstanding achievements judged by experts.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or three of the ten regulatory criteria. The totality of the evidence did not demonstrate sustained national or international acclaim or that the petitioner is among the small percentage at the top of their field.
Next Steps: The petitioner should consider gathering more substantial evidence that meets the specific criteria required for the EB1 classification, particularly focusing on demonstrating national or international acclaim through extensive documentation.
