Date of Decision: February 28, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Hookah Lounge Manager
Field: Business
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner submitted a Certificate of Achievement from 2006 and an Award of Excellence for food safety and preparation. However, the evidence did not establish these as nationally or internationally recognized awards.
Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields:
The petitioner did not submit any documentation pertaining to this criterion.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner provided a letter from their employer and positive online reviews, but the evidence did not establish the organization’s distinguished reputation or the petitioner’s critical role.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s awards were not recognized as evidence of excellence in their field, as they did not demonstrate national or international recognition.
Published Materials About the Petitioner:
No documentation was submitted to fulfill this criterion.
Original Contributions of Major Significance:
No documentation was submitted to fulfill this criterion.
Participation as a Judge:
No documentation was submitted to fulfill this criterion.
Membership in Associations:
No documentation was submitted to fulfill this criterion.
Authorship of Scholarly Articles:
No documentation was submitted to fulfill this criterion.
Leading or Critical Role Performed:
The evidence did not demonstrate that the petitioner’s role significantly impacted the organization or that the organization had a distinguished reputation.
Artistic Exhibitions or Showcases:
No documentation was submitted to fulfill this criterion.
Evidence of High Salary or Remuneration:
No documentation was submitted to fulfill this criterion.
Commercial Successes in the Performing Arts:
No documentation was submitted to fulfill this criterion.
Supporting Documentation
The petitioner submitted several pieces of evidence, including a Certificate of Achievement, an Award of Excellence, a letter from the employer, and positive online reviews. However, these were insufficient to meet the required criteria for extraordinary ability classification.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements of at least three criteria from the ten listed for demonstrating extraordinary ability.
Next Steps: The petitioner may consider gathering more substantial evidence or re-evaluating their qualifications before reapplying.
This decision highlights the importance of meeting specific criteria and providing substantial evidence when applying for the EB1 Extraordinary Ability classification.
