Date of Decision: August 18, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Spanish Language Specialist and Teacher
Field: Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None of the criteria were met according to the Director’s decision.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner did not provide any evidence of receiving nationally or internationally recognized prizes or awards for excellence in her field.
Published Materials About the Petitioner: The petitioner submitted various articles, but these were about the Spanish immersion program she was involved with rather than focusing on her individual contributions. Additionally, some articles did not include the required details such as the author’s name and publication date.
Original Contributions of Major Significance: The petitioner claimed her work in the Spanish immersion program had significant impacts, such as increasing student demand and expanding the program. However, the provided evidence did not support these claims, and she did not demonstrate how her contributions were of major significance to the field.
Display of Work at Artistic Exhibitions or Showcases: The petitioner submitted a photograph of her teaching, but this did not constitute an artistic exhibition or showcase.
Leading or Critical Role: The petitioner did not demonstrate that her role as a Spanish immersion specialist was leading or critical to the success of the organizations she was part of. Additionally, the petitioner did not show that these organizations had distinguished reputations.
High Salary or Other Significantly High Remuneration: The petitioner provided her income tax documentation but did not compare her salary to others in her field to demonstrate that she commanded a high salary.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving nationally or internationally recognized awards for excellence.
Published Materials About the Petitioner:
Articles provided were about the Spanish immersion program rather than the petitioner herself, and many lacked necessary details such as the author and publication date.
Original Contributions of Major Significance:
The petitioner claimed significant impacts from her work, but did not provide supporting evidence to demonstrate major significance in the field.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that her memberships reflected sustained national or international acclaim.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not demonstrate a leading or critical role in organizations with distinguished reputations.
Artistic Exhibitions or Showcases:
The submitted photograph of teaching did not meet the criteria for artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner did not compare her salary to others in her field to demonstrate that she commanded a high salary.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Certificates and Awards: No nationally or internationally recognized awards were provided.
- Articles and Publications: Various articles about the Spanish immersion program were submitted, but they did not focus on the petitioner herself.
- Income Tax Documentation: Provided, but not compared to others in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet any of the required criteria for EB-1 classification. The evidence provided did not demonstrate the level of extraordinary ability required.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit her qualifications and achievements.
Download the Full Petition Review Here
