Date of Decision: January 31, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Pastor
Field: Christian Missions
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material in Professional or Major Trade Publications: The petitioner provided evidence of published material in major trade publications, which was accepted as meeting this criterion.
- Original Business Contributions of Major Significance: Initially, the Director concluded this criterion was met. However, upon review, it was determined that the evidence did not sufficiently demonstrate the petitioner’s significant contributions.
- Performance in a Critical Role for Organizations with a Distinguished Reputation: Initially accepted by the Director, this criterion was later deemed unmet due to insufficient documentation.
- Membership in Associations Requiring Outstanding Achievements: Similarly, this criterion was initially accepted but later rejected after a detailed review.
Criteria Not Met:
- Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner claimed this criterion, but the evidence was insufficient to support it.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not submit evidence of any major, internationally recognized awards.
Published Materials About the Petitioner:
The petitioner met the criterion for published material in professional or major trade publications, demonstrating recognition in the field through this documentation.
Original Contributions of Major Significance:
While the petitioner presented letters and documentation about their contributions to Christian missions and societal needs, the evidence did not convincingly establish that these contributions were of major significance in the field.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner failed to demonstrate that their membership in the Church of America required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not sufficiently prove that they played a critical role in organizations with a distinguished reputation, despite initial acceptance by the Director.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
The petitioner submitted various letters from notable individuals, including a member of U.S. Congress and the Attorney General of the State of Brazil, detailing the petitioner’s contributions and roles in different initiatives. However, these letters were considered insufficiently detailed and lacked the objective evidence needed to meet the stringent requirements.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The decision was based on the conclusion that the petitioner did not meet the required evidentiary criteria to establish sustained national or international acclaim. The documentation provided did not sufficiently demonstrate that the petitioner is among the small percentage at the very top of their field, as required for the EB1 Extraordinary Ability classification.
Next Steps:
For petitioners seeking EB1 classification, it is crucial to provide extensive and well-documented evidence that meets at least three of the ten regulatory criteria. Detailed, objective evidence of major contributions and recognized achievements is essential. Petitioners are advised to consult with immigration experts to ensure that their submissions comprehensively address USCIS requirements.
