EB-1 Extraordinary Ability USCIS Appeal Review – Pastry Chef – MAR262021_02B2203

Date of Decision: March 26, 2021

Service Center: Texas Service Center

Form Type: Form I-140

Case Type: EB1 Extraordinary Ability


Petitioner Information

Profession: Pastry Chef
Field: Culinary Arts
Nationality: Not specified in the document


Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied


Evidentiary Criteria Analysis

Criteria Met:

Membership in Associations (8 C.F.R. ยง 204.5(h)(3)(ii)): The petitioner is a member of a professional culinary association dedicated to new techniques in gastronomy and certification of food and beverage professionals.

Published Material About the Petitioner (8 C.F.R. ยง 204.5(h)(3)(iii)): The petitioner was mentioned in several national magazines and newspapers, including Catering Magazine, BellaVista, and Extra, focusing on his career achievements and pastry competitions.

Participation as a Judge (8 C.F.R. ยง 204.5(h)(3)(iv)): The petitioner evaluated the work of graduate students at the Bakery and Bakery Institute Foundation in 2015.

Artistic Exhibitions or Showcases (8 C.F.R. ยง 204.5(h)(3)(vii)): The petitioner displayed his pastry creations at various venues, including the 2011 Express Contest and the 2016 Cake Design Contest.

Evidence of High Salary or Remuneration (8 C.F.R. ยง 204.5(h)(3)(ix)): The petitioner documented his income derived from his employment as a culinary instructor and bakery owner.

Criteria Not Met:

Awards and Prizes Won (8 C.F.R. ยง 204.5(h)(3)(i)): While the petitioner received a national award, it was deemed insufficient to demonstrate sustained national or international acclaim required for this classification.


Key Points from the Decision

Awards and Prizes Won

Summary of Findings: The petitioner won second place in the 3rd National Championship sponsored by a culinary association. This award received national attention, but it was awarded five years prior to the petition filing and did not demonstrate sustained acclaim.

Key Quotes: “The Petitioner has not demonstrated how his receipt of this single national awardโ€ฆdemonstrates the required national or international acclaim.”

Published Materials About the Petitioner

Summary of Findings: Various national publications reported on the petitioner’s career achievements, but the coverage was not indicative of the required level of success.

Key Quotes: “The Petitioner did not show how his overall media coverage is indicative of a level of success and being among that small percentage who has risen to the very top of the field.”

Participation as a Judge

Summary of Findings: The petitioner judged graduate students’ work, which did not equate to judging recognized professionals in the field.

Key Quotes: “The Petitioner’s judging experience involves evaluating the work of students and aspiring professionals rather than established, recognized professionals.”

Membership in Associations

Summary of Findings: The petitioner is a member of a professional association, but this alone does not reflect that he is at the very top of his field.

Key Quotes: “The Petitioner has not demonstrated how membership in a single association reflects that he is among that small percentage that has risen to the very top of the field.”

Artistic Exhibitions or Showcases

Summary of Findings: The petitioner presented his work at various showcases, but did not demonstrate how this placed him at the top of his field.

Key Quotes: “The Petitioner’s evidence does not distinguish his work from others in his field or show that it reflects a career of acclaimed work in the field and sustained national or international acclaim.”

Evidence of High Salary or Remuneration

Summary of Findings: The petitioner documented his earnings but did not show they were commensurate with sustained national or international acclaim.

Key Quotes: “The Petitioner did not demonstrate how his salary compared to others at the very top of his field.”


Supporting Documentation

Awards: Certificate and newspaper articles regarding the petitioner’s national award.

Memberships: Documentation of membership in the professional culinary association.

Published Materials: Copies of articles from various national magazines and newspapers.

Judging: Documentation of the petitioner’s role as a judge at a culinary institute.

Showcases: Evidence of participation in various culinary competitions and showcases.

Salary: Financial records showing income as a culinary instructor and bakery owner.


Conclusion

Final Determination: Appeal dismissed
Reasoning: The petitioner did not establish sustained national or international acclaim or that he is among the small percentage at the very top of his field.
Next Steps: The petitioner may consider gathering more substantial evidence of his achievements and contributions, or exploring other immigration pathways that may better align with his qualifications.


Download the Full Petition Review Here

Victor Chibuike
Victor Chibuike

A major in Programming,Cyber security and Content Writing

Articles: 532

Leave a Reply

Your email address will not be published. Required fields are marked *