Date of Decision: March 19, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Project Manager
Field: Real Estate Reclamation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The Director initially concluded that the petitioner met this criterion. However, the Petitioner did not personally receive the awards; instead, they were given to businesses associated with a project he managed.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media:
The Director found that the Petitioner did not meet this criterion. The material presented was about the project rather than the Petitioner himself. Additionally, some provided materials lacked the necessary details such as date and author or were not from major media sources.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The Director concluded that the Petitioner did not meet this criterion. The contributions related to a single project and lacked evidence of major significance or widespread implementation in the field. The letters of support were deemed too general and lacked specific examples.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
The Director found that the Petitioner did not meet this criterion. The evidence did not adequately document that the organizations involved had a distinguished reputation.
Evidence of commercial successes in the performing arts: As shown by box office receipts or record, cassette, compact disk, or video sales.
The Petitioner did not meet this criterion as he is not a performing artist.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not receive any awards personally; instead, the awards were given to the businesses associated with his projects. Therefore, he did not satisfy this criterion.
Published Materials About the Petitioner:
The materials presented were about the project, not the Petitioner. The materials that were about the Petitioner did not meet the requirements of being from major media or professional publications.
Original Contributions of Major Significance:
The Petitioner’s contributions were related to a single project and were not demonstrated to have a major impact or significance in the broader field of real estate reclamation.
Participation as a Judge:
Not applicable or not provided.
Membership in Associations:
Not applicable or not provided.
Authorship of Scholarly Articles:
Not applicable or not provided.
Leading or Critical Role Performed:
The Petitioner performed a critical role in the project, but the organizations involved were not shown to have a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable or not provided.
Evidence of High Salary or Remuneration:
Not applicable or not provided.
Commercial Successes in the Performing Arts:
The Petitioner did not meet this criterion as he is not a performing artist.
Supporting Documentation
The Petitioner provided various letters of support, articles, and evidence of awards given to associated businesses. However, these documents did not meet the required criteria for demonstrating extraordinary ability in his field.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the necessary evidentiary criteria to demonstrate sustained national or international acclaim or that he is among the small percentage at the top of his field. The evidence primarily related to a single project and did not sufficiently establish the Petitioner’s extraordinary ability or contributions of major significance in the field.
Next Steps: The Petitioner may consider gathering more substantial and directly relevant evidence of his individual achievements and contributions in the field of real estate reclamation. This might include securing personal awards, ensuring media coverage focuses on his individual work, and obtaining detailed and specific letters of support that clearly outline his contributions and their significance.
