Date of Decision: July 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Tax Accountant
Field: International Taxation
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading Role for Distinguished Organizations: The petitioner played a leading role in his organization, holding several significant positions.
Authorship of Scholarly Articles: The petitioner authored scholarly articles in the field of international taxation.
High Salary: The petitioner demonstrated that he commanded a high salary in relation to others in his field.
Criteria Not Met:
Published Material About the Petitioner: The petitioner did not provide sufficient evidence that the published material about him related specifically to his work and achievements in the field of international taxation.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of any major or lesser recognized awards for excellence in international taxation.
Published Materials About the Petitioner:
The petitioner submitted articles in which he was quoted, but these were not about him or his achievements. The articles were primarily about general tax issues and did not provide details about his career history or accomplishments.
Original Contributions of Major Significance:
The petitioner’s contributions were noted but did not demonstrate major significance in the field of international taxation.
Participation as a Judge:
The petitioner did not provide evidence of judging the work of others in his field.
Membership in Associations:
The petitioner’s memberships did not meet the criteria for requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The petitioner provided evidence of authoring scholarly articles, but the significance of these publications in demonstrating extraordinary ability was not sufficiently established.
Leading or Critical Role Performed:
The petitioner provided evidence of holding significant positions in his organization, demonstrating a leading role.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
The petitioner provided evidence of a high salary, but no evidence was provided to meet the other criteria.
Supporting Documentation
The petitioner submitted documents including articles, letters of recommendation, salary surveys, and evidence of his positions, but these were insufficient to meet the extraordinary ability criteria.
Conclusion
Final Determination: The petitioner’s appeal was dismissed.
Reasoning: The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met some criteria, the totality of the evidence did not demonstrate the sustained national or international acclaim required for this classification.
Next Steps: The petitioner may consider gathering more substantial and detailed evidence to support his claims and ensure all filing deadlines are met in future motions or appeals. Exploring other visa categories that align more closely with his achievements and current career stage may also be advisable.
