EB-1 Extraordinary Ability USCIS Appeal Review – Senior Director of Professional Services – OCT242024_01B2203

Date of Decision: October 24, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability

Petitioner Information

Profession: Senior Director of Professional Services
Field: Business and Customer Experience Management
Nationality: Not specified in the document

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Evidentiary Criteria Analysis

The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Administrative Appeals Office (AAO) determined that the beneficiary satisfied two criteria, which was insufficient to proceed to a final merits determination.

Criteria Met:

1. Participation as a Judge of the Work of Others:
   • The beneficiary served as a judge for programs such as the Customer Experience Certificate Program Advisory Board and the Digital Marketing Executive Education Program Advisory Board.
2. Performance in a Leading or Critical Role for Distinguished Organizations:
   • The petitioner provided evidence of the beneficiary’s critical contributions in leadership roles within a major customer experience management company.

Criteria Not Met:

1. Membership in Associations Requiring Outstanding Achievements:
   • Memberships on advisory boards did not meet the evidentiary standards for requiring outstanding achievements as judged by recognized experts.
2. Published Material About the Petitioner in Major Trade Publications or Other Major Media:
   • An interview on The Agile Brand Podcast was provided, but the evidence failed to demonstrate that this podcast qualified as a major trade publication or other major media.
3. Original Contributions of Major Significance in the Field:
   • Letters and testimonials praised the beneficiary’s work but failed to establish how his contributions impacted the field as a whole in a major and significant way.
4. Evidence of High Salary or Other Significantly High Remuneration:
   • Evidence of salary and compensation was provided, but comparative data failed to establish that the beneficiary earned a significantly high salary relative to others in the field.

Key Points from the Decision

Judging Contributions:

• The petitioner demonstrated participation as a judge in customer experience management programs, satisfying one criterion.

Leadership Roles:

• Evidence of critical leadership roles in distinguished organizations was sufficient to meet this criterion.

Final Merits Determination:

• The AAO dismissed the appeal, concluding that the totality of the evidence did not demonstrate the sustained national or international acclaim required for EB-1 classification.

Supporting Documentation

Judging Evidence: Participation in advisory boards and judging programs.
Leadership Evidence: Letters and documentation of critical contributions in leadership roles.
Published Material Evidence: An interview on The Agile Brand Podcast, deemed insufficient to meet the criterion for published materials.
Salary Evidence: Compensation data compared against benchmarks, which did not demonstrate a significantly high salary.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met two regulatory criteria under 8 C.F.R. § 204.5(h)(3). However, the evidence failed to establish extraordinary ability through sustained national or international acclaim or recognition as one of the very top individuals in the field.

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