Date of Decision: June 9, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Plant Accountant
Field: Business
Nationality: [Not Provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion (iv): Judging Others’ Work
The petitioner provided evidence that she judged the work of others in her field, satisfying this criterion.
Criteria Not Met:
Criterion (viii): Leading or Critical Role
The evidence did not establish that the petitioner performed in a leading or critical role for organizations with distinguished reputations.
Criterion (ix): High Salary or Other Significantly High Remuneration
The evidence provided did not demonstrate that the petitioner commanded a high salary or remuneration in relation to others in her field.
Key Points from the Decision
Awards and Prizes Won:
No evidence was submitted that demonstrated eligibility under this criterion.
Published Materials About the Petitioner:
No evidence was submitted that demonstrated eligibility under this criterion.
Original Contributions of Major Significance:
The letters provided described the petitioner’s work and its impact on her employers but did not show that her contributions were of major significance to the field of accounting.
Participation as a Judge:
While the petitioner judged the work of others, the evidence did not support a finding of sustained national or international acclaim.
Membership in Associations:
The petitioner did not claim eligibility under this criterion.
Authorship of Scholarly Articles:
No evidence was submitted that demonstrated eligibility under this criterion.
Leading or Critical Role Performed:
The support letters discussed the petitioner’s work but did not sufficiently explain how she performed as a leader or in a critical role.
Artistic Exhibitions or Showcases:
No evidence was submitted that demonstrated eligibility under this criterion.
Evidence of High Salary or Remuneration:
The salary data provided did not sufficiently establish the petitioner’s salary in relation to others in the same field.
Commercial Successes in the Performing Arts:
No evidence was submitted that demonstrated eligibility under this criterion.
Supporting Documentation
- Employment Letters and Contracts: These documents provided details on the petitioner’s roles and salaries but lacked sufficient evidence to meet the high salary criterion.
- Letters from Employers and Coworkers: These letters supported the petitioner’s claims but did not provide sufficient detail to meet the required criteria.
- Articles and Press Releases: These were used to support claims of the organizations’ distinguished reputations but were found insufficient.
- Pay Stubs: Provided to support high salary claims but did not clearly show the petitioner’s total annual salary.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that satisfy at least three of the ten criteria. The evidence did not support a finding of sustained national or international acclaim necessary for the extraordinary ability classification.
Next Steps: It is recommended that the petitioner provides more robust evidence and possibly seeks legal counsel to strengthen future applications or appeals.
