Date of Decision: February 27, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Technological Entrepreneur
Field: Business
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published material about the alien in professional or major trade publications or other major media: The Petitioner provided a certified translation of an article published in a Hungarian edition of a major medium, establishing that he meets this criterion.
Criteria Not Met:
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation: The Petitioner argued he met this criterion based on his roles in various organizations. However, the evidence did not sufficiently demonstrate how his roles were leading or critical to the overall success of these organizations.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field: The Petitioner provided his Spanish personal income tax form and information regarding CEO salaries in Spain. However, the evidence was insufficient to demonstrate that his earnings were high compared to others in his field.
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner: The Petitioner met this criterion through a certified translation of an article published in a Hungarian edition of a major medium.
Original Contributions of Major Significance: The Petitioner did not pursue this criterion on appeal.
Participation as a Judge: Not applicable
Membership in Associations: Not applicable
Authorship of scholarly articles: Not applicable
Leading or critical role performed: The evidence did not sufficiently demonstrate how the Petitioner’s roles were leading or critical to the success of the organizations.
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: The Petitioner’s evidence was insufficient to demonstrate that his earnings were high compared to others in his field.
Commercial successes in the Performing Arts: Not applicable
Supporting Documentation
The Petitioner provided various documents, including:
- Certified translation of a Hungarian article
- Screenshots from websites regarding his professional roles
- Spanish personal income tax form
- Information on CEO salaries in Spain
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that satisfy at least three of the ten criteria. The evidence provided did not sufficiently demonstrate that the Petitioner met the criteria for classification as an individual of extraordinary ability.
Next Steps: The Petitioner should gather more substantial evidence to support his claims or consider other visa options.
