Date of Decision: August 1, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Human Resources Assistant
Field: Human Resources
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None
Criteria Not Met:
- Membership in Associations: The petitioner did not submit materials regarding membership in associations.
- Participation as a Judge: The petitioner did not submit materials regarding participation as a judge.
- Original Contributions of Major Significance: The reference letters did not give examples of major contributions.
- Leading or Critical Role: The letters did not attest to her role being leading or critical.
- High Salary or Remuneration: The salary documentation was insufficient to establish a high salary in relation to others.
- Published Material About the Petitioner: The submitted evidence did not meet the required criteria.
- Authorship of Scholarly Articles: The petitioner did not author any submitted material nor provided evidence of citations.
Key Points from the Decision
Awards and Prizes Won:
No major, internationally recognized awards were received by the petitioner.
Published Materials About the Petitioner:
Two company newsletters mentioned the petitioner but did not meet the criteria for major media publications.
Original Contributions of Major Significance:
Reference letters did not provide specific examples of significant contributions.
Participation as a Judge:
No evidence was submitted for participation as a judge.
Membership in Associations:
No evidence was submitted for membership in associations.
Authorship of Scholarly Articles:
The petitioner did not author any scholarly articles nor provided evidence of peer-reviewed publications.
Leading or Critical Role:
Reference letters did not attest to a leading or critical role.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Salary documentation was insufficient.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Reference Letters: Discussed work ethic and wages but did not provide examples of significant contributions or critical roles.
- Company Newsletters: Mentioned the petitioner in the context of arranging logistics but did not qualify as major media.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not meet the necessary criteria for EB1 classification as an individual of extraordinary ability. The evidence provided was insufficient to demonstrate sustained national or international acclaim.
Next Steps:
It is recommended that the petitioner seeks further evidence and documentation to meet the required criteria for future applications.
