Date of Decision: NOV. 17, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: International Trade Arbitrator
Field: Business and Commercial Relations
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The Petitioner has served on arbitration panels, making conclusions and determinations on disputes over international trade policies and practices. This role as an arbitrator satisfies the criterion for judging the work of others in the same or allied field.
Leading or Critical Role Performed:
The Petitioner held leading or critical roles, such as being the president of an arbitration panel, directing a multidisciplinary team for a major funded project, and serving as one of three arbitrators for a significant arbitration.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The Petitioner received a scholarship from Spain and was appointed as the president of an arbitration panel. However, these do not constitute nationally or internationally recognized prizes or awards for excellence in the field.
Membership in Associations:
The Petitioner did not provide sufficient evidence or challenge the initial finding regarding membership in associations that require outstanding achievements.
Published Material About the Petitioner:
The materials provided were about trade dispute mechanisms and not focused on the Petitioner. The publications did not meet the criterion for being major media about the Petitioner’s work.
Original Contributions of Major Significance:
The Petitioner’s arbitration work and research assistance did not show a documented impact beyond her immediate work environment. The contributions were not shown to be original or of major significance in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s scholarship and arbitration panel appointments were not recognized as lesser nationally or internationally recognized prizes or awards.
Published Materials About the Petitioner:
The provided materials, such as press releases and articles, were about trade dispute resolution mechanisms and did not focus on the Petitioner’s work.
Original Contributions of Major Significance:
The Petitioner’s arbitration work and research contributions did not demonstrate a significant impact on the field of business and commercial relations.
Participation as a Judge:
The Petitioner successfully demonstrated her role as an arbitrator in international trade disputes, satisfying this criterion.
Membership in Associations:
The Petitioner did not provide evidence to satisfy the criterion for membership in associations requiring outstanding achievements.
Authorship of Scholarly Articles:
There was no mention or evidence provided regarding the authorship of scholarly articles by the Petitioner.
Leading or Critical Role Performed:
The Petitioner demonstrated leading roles in various projects and panels, satisfying this criterion.
Artistic Exhibitions or Showcases:
Not applicable to this case.
Evidence of High Salary or Remuneration:
There was no evidence provided regarding the Petitioner’s salary or remuneration as a demonstration of extraordinary ability.
Commercial Successes in the Performing Arts:
Not applicable to this case.
Supporting Documentation
- Scholarship Documentation:
- Provided evidence of scholarship from Spain’s funding body.
- Arbitration Panel Appointment:
- Documentation of the appointment as the president of an arbitration panel.
- Published Materials:
- Press releases and articles mentioning the Petitioner.
- Letters of Reference:
- Letters from colleagues and professionals in the field supporting the Petitioner’s claims.
Conclusion
Final Determination: The appeal was dismissed, and the Petitioner did not meet the burden of proof required for classification as an individual of extraordinary ability.
Reasoning:
The Petitioner failed to satisfy the initial evidentiary requirements, lacking sufficient documentation to demonstrate extraordinary ability in at least three of the ten regulatory criteria. The evidence provided did not show a sustained national or international acclaim or original contributions of major significance.
Next Steps:
Recommendations for the Petitioner may include gathering more substantial evidence of recognized awards, impactful contributions, and memberships in esteemed associations to strengthen future petitions.
