Date of Decision: February 3, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Marketing Executive
Field: Media and Communications
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Motion Outcome: Motion to reopen dismissed; motion to reconsider dismissed
Evidentiary Criteria Analysis
Criteria Met
- Leading or Critical Role (8 C.F.R. § 204.5(h)(3)(viii))
The petitioner demonstrated a leading role with an organization having a distinguished reputation.
Criteria Not Met
- Lesser Nationally or Internationally Recognized Awards (8 C.F.R. § 204.5(h)(3)(i))
Summit Creative Awards were awarded to the employer, not the petitioner individually. No evidence of personal recognition such as certificates or medals. Award’s recognition was limited to the awarding body’s platform. - Published Material About the Petitioner (8 C.F.R. § 204.5(h)(3)(iii))
Submitted articles lacked full English translations and were incomplete. A CCTV broadcast interview was translated, but it was not about the petitioner’s work in media and communications. - Participation as a Judge of the Work of Others (8 C.F.R. § 204.5(h)(3)(iv))
Evidence showed the petitioner made routine executive decisions, not peer-judging activities. Letters and emails lacked details proving invitations or structured judging. - Original Contributions of Major Significance (8 C.F.R. § 204.5(h)(3)(v))
Articles authored and events organized were original but not shown to have major significance in the field. No evidence of field-wide adoption or influence. - Membership in Associations (8 C.F.R. § 204.5(h)(3)(ii))
Service on a one-time professional panel at a conference did not constitute membership in an association requiring outstanding achievements. - Authorship of Scholarly Articles (8 C.F.R. § 204.5(h)(3)(vi))
Conference presentation was not published in professional or major trade publications. - Display of Work at Artistic Exhibitions (8 C.F.R. § 204.5(h)(3)(vii))
Display of paintings at trade shows and galleries was unrelated to petitioner’s field of media and communications. - High Salary or Remuneration (8 C.F.R. § 204.5(h)(3)(ix))
Raised late; not evaluated since petitioner failed to meet three criteria.
Key Points from the Decision
- Team Award Claim Rejected: Petitioner failed to show individual recognition in Summit Creative Awards.
- Translation Failures: Incomplete translations invalidated much of the published material evidence.
- Routine Work ≠ Judging: Emails approving projects showed executive authority, not judging of peers’ work.
- No Field-Wide Impact: Contributions lacked evidence of major influence in media and communications.
- Association Not Qualifying: One-time judging panel did not meet USCIS standards for association membership.
- Final Outcome: Petitioner met only one criterion instead of the required three.
Final Merits Determination
The AAO did not reach a final merits determination because the petitioner failed to meet the minimum of three criteria.
Supporting Documentation
- Leadership Evidence: Documentation of petitioner’s leading role in marketing organizations.
- Award Evidence: Summit Creative Award documents (not qualifying).
- Published Material Evidence: CCTV broadcast and articles with incomplete translations (not qualifying).
- Judging Evidence: Letters and internal emails (not qualifying).
- Contribution Evidence: Authored articles and event documentation (not qualifying).
- Membership Evidence: Panel judge listing (not qualifying).
- Artistic Display Evidence: Gallery and trade show displays (not qualifying).
- Salary Evidence: Not considered due to failure on threshold criteria.
Conclusion
Final Determination: Motion to reopen and reconsider dismissed.
Reasoning: Petitioner met only one criterion; the remainder of the evidence was insufficient, poorly translated, or unrelated to the claimed field.
