Date of Decision: July 2, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Marketing and Media Relations Consultant
Field: Business
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material:
- Description: The petitioner provided published materials about her work in the field of marketing and media relations.
Leading or Critical Role:
- Description: The petitioner served as the Director of Marketing and Media Relations, a critical role, for a distinguished organization.
Criteria Not Met:
Lesser Prizes or Awards:
- Description: The petitioner presented awards won by her employer rather than herself, and the awards were in the field of product design rather than marketing.
Original Contributions of Major Significance:
- Description: Letters of support discussed her innovative marketing techniques, but did not provide sufficient evidence to demonstrate that her contributions were of major significance to the field as a whole.
Display of Work at Artistic Exhibitions:
- Description: The petitioner’s marketing displays at commercial boat shows did not qualify as artistic exhibitions.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s employer won several awards, but the awards were for product design rather than marketing and did not meet the criterion for lesser nationally or internationally recognized prizes in her field.
Published Materials About the Petitioner:
The petitioner provided a 2016 article from GreekReporter.com and mentions in various magazines, but the content did not elevate the publications to the level of major media.
Original Contributions of Major Significance:
The petitioner’s experiential marketing was praised in letters of support, but the evidence did not show that these contributions had a major impact on the field.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role:
The petitioner’s role as Director of Marketing and Media Relations was deemed critical for a distinguished organization.
Artistic Exhibitions or Showcases:
The marketing displays were not considered artistic exhibitions.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner submitted various documents, including articles, letters of support, and evidence of awards won by her employer. However, the documentation was insufficient to meet the criteria for EB-1 classification.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The evidence provided did not demonstrate that she has garnered national or international acclaim in her field.
Next Steps: It is recommended that the petitioner seeks alternative visa classifications or improves her documentation to better meet the evidentiary criteria for extraordinary ability classification.
