Date of Decision: June 21, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Provider of Protective Security Services
Field: Executive Protection Services
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- High Remuneration for Services: The petitioner demonstrated evidence of receiving a high salary, which the Director determined met the criterion under 8 C.F.R. § 204.5(h)(3)(ix).
Criteria Not Met:
- Membership in Associations:
- The petitioner claimed eligibility based on membership in the Ronin South Africa alumni association.
- Evidence showed that membership did not require outstanding achievements judged by recognized national or international experts.
- Performance in a Leading or Critical Role:
- The petitioner claimed to have held critical roles in executive protection services.
- Letters submitted failed to provide sufficient details demonstrating how the petitioner’s contributions were critical to the success of organizations with distinguished reputations.
Key Points from the Decision
Membership in Associations:
The Ronin South Africa alumni association was determined not to have entry requirements reflecting outstanding achievements judged by experts. Membership criteria, such as completion of a training course and physical fitness requirements, did not satisfy the evidentiary standards for this criterion.
Performance in a Leading or Critical Role:
The petitioner provided letters supporting roles held in executive protection, including for high-profile clients. However, these letters were vague and lacked specific examples of contributions or measurable impact that demonstrated critical significance.
Final Merits Determination:
The Administrative Appeals Office (AAO) determined that the petitioner did not demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of their field.
Supporting Documentation
Remuneration Evidence: Documentation of high salary was accepted.
Membership Evidence: Lacked evidence of outstanding achievements judged by experts.
Critical Role Evidence: Letters were deemed insufficient to establish critical significance or organizational impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met one of the evidentiary criteria but failed to satisfy at least three criteria as required under 8 C.F.R. § 204.5(h)(3). The record did not demonstrate the petitioner’s eligibility for classification as an individual of extraordinary ability.
