Date of Decision: April 26, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Managing Partner and Co-Founder
Field: Business, Humanitarian Aid
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role:
The Beneficiary met the leading or critical role criterion based on his role with the humanitarian aid organization.
Criteria Not Met:
Awards:
The Petitioner submitted photographs of plaques and certificates of appreciation received by the Beneficiary. However, these awards were not nationally or internationally recognized for excellence in the field of business or humanitarian aid. The documentation did not show that the awards were attributed to the Beneficiary personally rather than the organization he led.
Published Materials About the Petitioner:
The Petitioner indicated the Beneficiary’s eligibility based on articles from various websites. However, these sources were not established as major media or professional publications. Additionally, the articles did not contain the required titles, dates, or authors and were not primarily about the Beneficiary.
Key Points from the Decision
Awards and Prizes Won:
The submitted awards were local and did not meet the criteria for national or international recognition. Letters and plaques indicated local contributions, but there was no documentation to show the awards were for excellence in the Beneficiary’s field.
Published Materials About the Petitioner:
Articles from websites were not considered professional or major media, and they did not focus on the Beneficiary’s work. The documentation lacked required details such as titles, dates, and authors.
Leading or Critical Role Performed:
The Beneficiary’s role as a managing partner and co-founder of the humanitarian aid organization met the criterion for leading or critical role due to his significant contributions.
Supporting Documentation
- Photographs of Awards: Images of plaques and certificates were provided but did not meet the criteria for national or international recognition.
- Articles from Websites: Articles and photographs from various websites lacked the necessary details and did not focus on the Beneficiary.
- Letters of Appreciation: Letters from local officials and organizations highlighted the Beneficiary’s contributions but were not sufficient to meet the criteria for extraordinary ability.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not provide sufficient documentation to meet at least three of the regulatory criteria required for classification as an individual of extraordinary ability. The evidence submitted did not demonstrate sustained national or international acclaim or recognition of the Beneficiary’s achievements at the top of the field.
Next Steps: The Petitioner may consider gathering additional evidence to support the criteria and reapplying or seeking other suitable immigration classifications.
