Date of Decision: June 5, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: General Manager
Field: Restaurant Industry (South Indian Vegetarian Cuisine)
Nationality: [Nationality not provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role: The petitioner demonstrated that he performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Criteria Not Met:
Membership in Associations: The petitioner did not provide sufficient evidence that the associations required outstanding achievements as a condition of membership.
Participation as a Judge: The petitioner judged a cooking show, but this did not align with the role of a general manager in the restaurant industry.
High Salary or Remuneration: The petitioner failed to demonstrate a high salary relative to others in the field due to discrepancies in the provided financial documents.
Key Points from the Decision
Awards and Prizes Won: Not applicable; petitioner did not pursue claims related to receipt of lesser nationally or internationally recognized prizes or awards.
Published Materials About the Petitioner: Not applicable; petitioner did not pursue claims related to published material.
Original Contributions of Major Significance: Not applicable; petitioner did not pursue claims related to original contributions.
Participation as a Judge: The petitioner judged a single episode of a cooking show but did not meet the criterion as this did not pertain to restaurant management.
Membership in Associations: The petitioner’s memberships in SICA and ACF did not meet the criteria as they did not pertain to the field of general management and lacked sufficient evidence of outstanding achievements required for membership.
Authorship of Scholarly Articles: Not applicable; petitioner did not pursue claims related to authorship of scholarly articles.
Leading or Critical Role Performed: The petitioner successfully demonstrated performing a leading or critical role for reputable organizations within the restaurant industry.
Artistic Exhibitions or Showcases: Not applicable; petitioner did not pursue claims related to artistic exhibitions or showcases.
Evidence of High Salary or Remuneration: The evidence provided was insufficient to demonstrate a high salary relative to others in the field due to inconsistencies in the submitted financial documentation.
Commercial Successes in the Performing Arts: Not applicable; petitioner did not pursue claims related to commercial successes in the performing arts.
Supporting Documentation
- Offer Letter: An offer letter dated July 10, 2017, offering a general manager position with an annual base salary of $180,000.
- Occupational Outlook Handbook: Provided median pay data for food service managers.
- Form W-2, Wage and Tax Statement: Indicated compensation of $13,880 for 2021, showing discrepancies with the claimed salary.
- Pay Statements for 2022: Submitted but considered inapplicable as they were over two years after the petition was filed.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements or the necessary criteria to establish extraordinary ability. The inconsistencies in financial documentation and insufficient evidence for the claimed criteria led to the denial.
Next Steps:
The petitioner may consider gathering more substantial evidence and reapplying, ensuring that all criteria and requirements are clearly met and supported by documentation.
