Date of Decision: February 16, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Senior Director
- Field: Business
- Nationality: [Not provided]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of scholarly articles in major media:
- The Petitioner published articles concerning foreign policy, politics, and trade in media such as The Atlantic, Politico, and Foreign Policy Magazine, as well as a chapter in a book published by the Brookings Institute.
- Leading or critical role for distinguished organizations or establishments:
- The Petitioner held significant roles such as Mexico’s Consul General in Texas and provided high-level commercial and political negotiation assistance in his current position.
- High salary or remuneration for services:
- The Petitioner’s 2020 W-2 statement showed earnings of $494,749, significantly higher than the average salary for economists in the geographical area, demonstrating high remuneration.
Criteria Not Met:
- Published material about the foreign national in professional or major media:
- The Director found insufficient evidence that media coverage met the standards required.
- Original contributions of major significance in the field:
- The Director did not find adequate evidence to support the Petitioner’s claims of original contributions of major significance.
- Display at artistic exhibitions or showcases:
- This criterion was not applicable to the Petitioner’s field of business and therefore not met.
Key Points from the Decision
Awards and Prizes Won: (not applicable)
Published Materials About the Petitioner:
- Various media such as The New Yorker and The Wall Street Journal consulted the Petitioner for his perspective on trade and politics.
Original Contributions of Major Significance:
- Despite claims, the Director found the evidence insufficient to meet this criterion.
Participation as a Judge: (not applicable)
Membership in Associations: (not applicable)
Authorship of scholarly articles:
- Published works in prestigious media outlets and a chapter in a book by the Brookings Institute.
Leading or critical role performed:
- Held prominent positions including Mexico’s Consul General in Texas and a senior director at his current firm, facilitating significant commercial and diplomatic engagements.
Artistic Exhibitions or Showcases: (not applicable)
Evidence of High Salary or Remuneration:
- Earned a significantly high salary compared to others in his field.
Commercial successes in the Performing Arts: (not applicable)
Supporting Documentation
- W-2 Statements: Demonstrating high salary.
- Letters of Recommendation: From former president of Mexico and high-ranking diplomats.
- Published Articles: In major media such as The Atlantic and Politico.
- Employer Statements: Highlighting the Petitioner’s role and contributions.
Conclusion
Final Determination: The appeal is sustained, and the Petitioner is classified as an individual of extraordinary ability.
Reasoning:
- The Petitioner demonstrated compliance with at least three of the required evidentiary criteria.
- The totality of the evidence supported the Petitioner’s sustained national and international acclaim and recognition in his field.
Next Steps:
- The Petitioner should continue to document and present evidence of his extraordinary ability as he progresses in his career.
- It is recommended that the Petitioner maintains and updates his portfolio with new achievements and recognitions to support any future immigration-related needs.
