Date of Decision: December 18, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: General Manager in Firefighting Technology
Field: Fire Technology and Safety
Nationality: China
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None met.
Criteria Not Met:
Documentation of the alien’s membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields: The petitioner failed to demonstrate that the membership requirements for the associations listed (NTCFP, GFSTC, GFPA) reflect outstanding achievements judged by recognized experts.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field: While the petitioner provided evidence of patents and business contracts, the record did not demonstrate that these contributions have had a major significance in the broader field beyond the petitioner’s companies.
Key Points from the Decision
Awards and Prizes Won:
No major internationally recognized awards presented.
Published Materials About the Petitioner:
Three abstracts were provided, but their significance and impact on the field were not demonstrated.
Original Contributions of Major Significance:
Patents and contracts were submitted, but their impact on the field was not proven to be of major significance.
Participation as a Judge:
Not evaluated due to failure to meet initial criteria.
Membership in Associations:
Memberships did not meet the standard of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
No significant impact of the articles was demonstrated.
Leading or Critical Role Performed:
Not evaluated due to failure to meet initial criteria.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
Petitioner’s Resume:
Listed positions and roles but did not establish extraordinary ability.
Recommendation Letters:
Praised the petitioner but lacked detailed explanations of major significance.
Contracts and Patents:
Showed business activity but did not establish field-wide impact.
Association Memberships:
Failed to demonstrate that memberships required outstanding achievements.
Conclusion
Final Determination:
The appeal is dismissed due to the petitioner’s failure to meet the evidentiary criteria for classification as an individual of extraordinary ability.
Reasoning:
The petitioner did not demonstrate membership in associations judged by recognized experts, original contributions of major significance, or significant acclaim in the field. The evidence provided did not meet the regulatory criteria.
Next Steps:
The petitioner may consider additional evidence to demonstrate extraordinary ability or explore other immigration classifications.
