Date of Decision: August 10, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Product Manager and Consultant
Field: Technology Product Development and Business Strategy
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner satisfied this criterion by participating as a judge of the work of others in her field.
Criteria Not Met:
Membership in Associations: The petitioner did not provide sufficient evidence that her mentorship roles with specific organizations met the criteria for membership in associations requiring outstanding achievements judged by recognized experts.
Published Material: The petitioner did not provide sufficient qualifying published material. Many articles submitted appeared to be promotional pieces rather than independent journalistic reports.
Leading or Critical Role: The petitioner performed in a critical role at a significant organization. However, the evidence provided was insufficient to establish her roles at other organizations as meeting the criteria.
High Remuneration: The evidence of the petitioner’s remuneration was incomplete, and there was no reliable basis for comparing her compensation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable, as no specific awards or prizes were discussed.
Published Materials About the Petitioner:
The petitioner submitted various articles and interviews. However, many of these were promotional in nature, arranged through public relations efforts, and did not meet the regulatory requirements for published material in major media or professional trade publications.
Original Contributions of Major Significance:
Not applicable, as no specific original contributions were highlighted.
Participation as a Judge:
The petitioner successfully demonstrated her role as a judge of the work of others, satisfying this criterion.
Membership in Associations:
The petitioner’s roles as a mentor were not supported by documentary evidence showing that mentors are chosen by recognized national or international experts in their disciplines.
Authorship of Scholarly Articles:
Not applicable, as no authorship of scholarly articles was discussed.
Leading or Critical Role Performed:
The petitioner demonstrated her critical role at a significant organization but did not provide sufficient evidence to meet the criteria for her roles at other organizations.
Artistic Exhibitions or Showcases:
Not applicable, as the petitioner’s field does not involve artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The evidence provided did not sufficiently compare the petitioner’s remuneration to others in her field, and the documentation was incomplete.
Commercial Successes in the Performing Arts:
Not applicable, as the petitioner’s field does not involve commercial successes in the performing arts.
Supporting Documentation
Reference Letters: Provided letters from professionals and former employers recognizing the petitioner’s roles and contributions. However, these letters were insufficient to establish the petitioner’s eligibility under the claimed criteria.
Published Articles: Included several articles and interviews, many of which were found to be promotional in nature and not qualifying as independent journalistic reports.
Financial Documents: Provided tax returns and payment records, but these did not offer a reliable basis for comparison to others in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidentiary criteria and failed to demonstrate sustained national or international acclaim or recognition in her field. The evidence provided was found to be insufficient to establish her eligibility for the EB1 classification.
Next Steps: The petitioner may consider gathering more comprehensive and corroborative evidence to support her claims, focusing on independent recognition and demonstrating how her work has had a significant impact on her field.
