Date of Decision: AUG. 23, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Options Market Consultant and Educator
Field: Options Market
Nationality: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Original Contributions of Major Significance: The petitioner claimed to have authored an options market manual and made significant contributions to the field by promoting the U.S. Options Market to a diverse audience.
Criteria Not Met:
Membership in Associations: The petitioner did not provide evidence of membership in associations requiring outstanding achievements.
Participation as a Judge: The petitioner’s activities did not substantiate claims of judging the work of others.
Authorship of Scholarly Articles: The manual created by the petitioner was not published in professional or major trade publications.
Leading or Critical Role: The petitioner’s roles did not demonstrate leading or critical positions in distinguished organizations.
High Salary or Remuneration: The petitioner’s claimed salary did not meet the criteria for significantly high remuneration compared to others in the field.
Commercial Successes: The petitioner’s work did not fall under the performing arts, and the financial successes were not sufficient to meet this criterion.
Key Points from the Decision
Awards and Prizes Won: N/A
Published Materials About the Petitioner: N/A
Original Contributions of Major Significance:
The petitioner’s manual was not considered of major significance in the field as it lacked widespread impact beyond educational settings.
Participation as a Judge:
The petitioner’s involvement in seminars and workshops did not equate to judging others’ work in the field.
Membership in Associations:
The petitioner’s memberships were either non-existent or did not meet the required standards of outstanding achievements.
Authorship of Scholarly Articles:
The petitioner’s manual was a teaching aid and not published in recognized journals or trade publications.
Leading or Critical Role Performed:
The petitioner’s roles lacked evidence of significant impact on the organizations’ reputation or operations.
Artistic Exhibitions or Showcases: N/A
Evidence of High Salary or Remuneration:
The petitioner’s income was marginally higher than the average but did not represent significantly high remuneration.
Commercial Successes in the Performing Arts: N/A
Supporting Documentation
- Options Market Manual: Provided in English and Spanish, but lacked evidence of major significance.
- Reference Letters: Multiple letters from colleagues and employers attesting to the petitioner’s knowledge and abilities, but lacking detailed examples of contributions or impact.
- Financial Records: Bank statements and other documents showing income, but not clearly establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not satisfy the initial evidence requirements by failing to meet at least three of the ten regulatory criteria. The evidence presented did not demonstrate that the petitioner has achieved the necessary level of sustained national or international acclaim to be classified as an individual of extraordinary ability.
Next Steps:
Petitioners in similar situations should ensure they provide robust and well-documented evidence to meet the regulatory criteria. It may be beneficial to seek professional guidance in preparing such petitions.
