EB-1 Extraordinary Ability USCIS Appeal Review – Marketing Executive – JAN102023_02B2203

Date of Decision: January 10, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Marketing Executive
Field: Marketing and Advertising
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Remanded

Evidentiary Criteria Analysis

Criteria Met:

1. Published material about the individual: The beneficiary was interviewed and discussed in several articles, which were identified with titles, dates, and authors.
2. Participation as a judge: The beneficiary served as a judge in advertising competitions, including the Effie Awards and SME Awards.
3. Performance of leading or critical roles: The beneficiary played a leading and critical role in developing successful ad campaigns and forming new marketing tools.
4. Receipt of lesser nationally or internationally recognized prizes: The beneficiary received several awards, such as the Effie Awards, WARC Award, Global/4A’s Jay Chiat Award, and CLIO Award, for achievements in marketing.

Criteria Not Met:

1. Membership in associations in the field: The petitioner did not dispute the Director’s conclusion on this criterion, and it was not addressed further.
2. Original contributions of major significance: This issue was waived on appeal and not addressed further.
3. Authorship of scholarly articles: The Director did not provide a sufficient analysis of the submitted evidence; further review was recommended.
4. High salary or other significantly high remuneration: The Director required a detailed review of the evidence submitted to meet this criterion.

Key Points from the Decision

Awards and Prizes Won:

• The beneficiary received several prestigious awards, including Cannes Lions Awards, Effie Awards, and CLIO Award, for his work on advertising campaigns.

Published Materials About the Petitioner:

• Articles discussing the beneficiary’s work in marketing were identified with necessary details, demonstrating his recognition in the field.

Participation as a Judge:

• The beneficiary judged advertising competitions, with letters from representatives confirming his roles.

Leading or Critical Role Performed:

• The beneficiary was acknowledged for his leading roles in various marketing campaigns, contributing significantly to the success of his employers and their projects.

Evidence of High Salary or Remuneration:

• The Director’s decision required a reassessment of the evidence to establish the beneficiary’s high salary relative to others in the marketing field.

Supporting Documentation

• Effie Awards: Documentation of awards received by the beneficiary’s teams for advertising excellence.
• Published Articles: Several articles mentioning the beneficiary’s achievements in marketing.
• Letters from Award Representatives: Confirmation of the beneficiary’s participation as a judge in advertising competitions.
• Endorsement Letters: Testimonies from colleagues and employers detailing the beneficiary’s critical roles and contributions to marketing projects.

Conclusion

Final Determination: The matter was remanded for further review and the entry of a new decision.

Reasoning:

• The Director’s decision did not provide sufficient analysis of the evidence.
• The evidence submitted demonstrated that the beneficiary met several criteria for extraordinary ability.
• Further evaluation was needed to determine if the beneficiary received a major internationally recognized award or met three of the alternate criteria.

Next Steps:

• The Director should request additional evidence if necessary.
• A thorough review of the beneficiary’s eligibility for extraordinary ability classification should be conducted.
• The new decision should consider the totality of the evidence to determine if the beneficiary has sustained national or international acclaim.

Download the Full Petition Review Here