Date of Decision: October 27, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Vice President – Product Management, Small Business Services
Field: Corporate Product Strategy
Nationality: Not specified in the provided excerpt
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Original contributions of major significance: The beneficiary initiated strategies for the development of the small business product line, influential in the human capital management industry, impacting over 800,000 clients. Evidence included letters from senior executives and industry publications.
- Performance in leading or critical roles: The beneficiary served in leading roles for organizations with a distinguished reputation, satisfying the plain language of the criterion.
- High salary or other significantly high remuneration: The beneficiary’s salary was higher than the 90th percentile for Senior Group Managers in product management within large international organizations, supported by a Wilson Towers Watson salary survey.
Criteria Not Met:
- The document does not specify additional criteria not met beyond the initial evaluation by the Director, which was overturned upon appeal.
Key Points from the Decision
Awards and Prizes Won: Not applicable based on the provided excerpt.
Published Materials About the Petitioner: Not specified in detail but mentioned as industry publications featuring product strategies and initiatives introduced by the beneficiary.
Original Contributions of Major Significance: The beneficiary’s strategies and initiatives were recognized as industry best practices, leading to similar implementations by other companies. Detailed letters from company executives and corroborating evidence from industry peers supported this claim.
Participation as a Judge: Not applicable based on the provided excerpt.
Membership in Associations: Not applicable based on the provided excerpt.
Authorship of Scholarly Articles: Not applicable based on the provided excerpt.
Leading or Critical Role Performed: The beneficiary’s role in product management at a leading provider of human capital management solutions was highlighted, demonstrating significant influence in the industry.
Artistic Exhibitions or Showcases: Not applicable based on the provided excerpt.
Evidence of High Salary or Remuneration: The beneficiary’s salary compared favorably to industry standards, particularly within the geographic area of employment.
Commercial Successes in the Performing Arts: Not applicable based on the provided excerpt.
Supporting Documentation
- Letters from Senior Executives: Detailed the beneficiary’s contributions to product strategy and management.
- Industry Publications: Featured the beneficiary’s innovative strategies and tools.
- Wilson Towers Watson Salary Survey: Provided comparative salary data specific to the beneficiary’s role and geographic area.
- Comparative Wage Data from Department of Labor: Supported claims of high remuneration in relation to peers.
Conclusion
Final Determination: Remanded for a new decision.
Reasoning: The appeal found that the beneficiary met three of the ten required criteria, overcoming the initial denial. A final merits review is needed to determine if the beneficiary’s achievements are among the very top in her field and recognized through extensive documentation.
Next Steps: The Director should conduct a final merits review considering the totality of the evidence, evaluating the beneficiary’s sustained national or international acclaim and status at the top of her field.
