Date of Decision: APR. 17, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Travel Agency Director
Field: Tourism Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner did not satisfy any of the initial evidentiary criteria required for the classification.
Criteria Not Met:
Criterion 1 (Prizes or Awards): The Petitioner did not receive a nationally or internationally recognized award. The evidence submitted indicated participation as a nominee rather than winning any award.
Criterion 2 (Published Material): The articles submitted were about the tourism company rather than the Petitioner. No specific material was provided solely focusing on the Petitioner’s achievements.
Criterion 3 (Leading or Critical Role): The evidence did not demonstrate that the Petitioner performed in a leading or critical role. The supporting letters lacked specific information proving the Petitioner’s essential contribution to the organization.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not receive any lesser nationally or internationally recognized awards for excellence in the field of tourism management.
Key quotes or references: “The Petitioner did not receive a rather, the company finished as a finalist.”
Published Materials About the Petitioner:
Summary of findings: The articles provided were about the company and did not focus on the Petitioner’s work or achievements.
Key quotes or references: “Articles that are not about a petitioner do not fulfill this regulatory criterion.”
Original Contributions of Major Significance:
Summary of findings: No evidence of original contributions of major significance was provided.
Key quotes or references: Not applicable.
Participation as a Judge:
Summary of findings: No evidence was submitted regarding the Petitioner’s participation as a judge of the work of others in the same or allied field.
Key quotes or references: Not applicable.
Membership in Associations:
Summary of findings: The Petitioner conceded ineligibility for this criterion.
Key quotes or references: “The Petitioner indicates that he ‘misunderstood the requirement[s] for this section’ and his ‘membership does not require outstanding achievement[s] to become a member.'”
Authorship of Scholarly Articles:
Summary of findings: No evidence of authorship of scholarly articles in the field was provided.
Key quotes or references: Not applicable.
Leading or Critical Role Performed:
Summary of findings: The Petitioner did not demonstrate a leading or critical role within a distinguished organization.
Key quotes or references: “The evidence must establish that a petitioner is or was a leader…the performance in the role that determines whether the role is or was critical.”
Artistic Exhibitions or Showcases:
Summary of findings: Not applicable to the Petitioner’s profession.
Key quotes or references: Not applicable.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence was submitted regarding a high salary or remuneration for services.
Key quotes or references: Not applicable.
Commercial Successes in the Performing Arts:
Summary of findings: Not applicable to the Petitioner’s profession.
Key quotes or references: Not applicable.
Supporting Documentation
- Letter from co-founder and managing partner of [Company Name]: Described participation as a nominee in an award ceremony.
- Articles from georgianjournal.ge and georgiatoday.ge: Mentioned the Petitioner as the founder of the tourism company, but were not specifically about him.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the initial evidence requirements of at least three of the ten criteria. The documentation provided did not demonstrate the acclaim and recognition required for the classification sought.
Next Steps: It is recommended that the Petitioner gather more specific evidence directly related to their personal achievements and contributions, potentially including winning recognized awards, having articles written specifically about their work, and demonstrating a leading role within a distinguished organization.
