Date of Decision: June 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Web Developer and Digital Marketing Entrepreneur
Field: Information Technology and Digital Marketing
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Published Material About the Petitioner: The petitioner demonstrated publication of materials discussing her work in IT and entrepreneurship.
- Judging the Work of Others: Evidence showed the petitioner participated as a judge in IT competitions and entrepreneurial evaluations.
- Performance in a Leading or Critical Role: The petitioner provided evidence of founding and leading a distinguished IT company in Russia.
Criteria Not Addressed:
- Nationally or Internationally Recognized Awards: Since the petitioner met the requisite three criteria, the Director did not evaluate this claim further.
Key Points from the Decision
Intent to Continue Working in the Field:
The petitioner provided evidence of her intent to establish a U.S.-based digital marketing and IT firm, including business registrations and agreements with U.S. clients, satisfying this requirement.
Performance in a Leading or Critical Role:
The petitioner successfully demonstrated her role as CEO of a distinguished IT company, supported by government records, tax filings, and awards recognizing her company’s contributions to digital development.
Published Material About the Petitioner:
The petitioner submitted articles published in recognized media discussing her contributions to the IT field.
Supporting Documentation
Published Materials: Articles discussing her work in IT and entrepreneurship.
Judging Activities: Evidence of participation as a judge in IT competitions.
Leadership Evidence: Documentation of her leadership role and the distinguished reputation of her company.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for a final merits determination.
Reasoning:
The petitioner met at least three of the required evidentiary criteria. The Director is instructed to conduct a final merits determination to evaluate the petitioner’s sustained national or international acclaim and position at the top of her field.