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The appeal was dismissed because the Petitioner failed to identify an error in the Director's dismissal of her motion to reopen and reconsider, instead arguing against the initial petition denial. Even considering the underlying petition, the Petitioner's claim of a high salary ($132,524 after expenses) was deemed insufficient as it was below the average for managing real estate brokers in Florida ($156,498), and the evidence provided for comparison was conflicting and not specific enough to her geographic area or position.

The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements of either a one-time major internationally recognized award or at least three of the ten regulatory criteria. Specifically, the Petitioner did not contest the denial of the 'prizes or awards' criterion. The 'high salary' criterion was denied because new claims and evidence regarding outside investment and equity holdings were not presented to the Director. The 'membership' criterion was not met as the Bulgarian Investment and Construction Association (BISA) did not require outstanding achievements as a condition for membership. The 'original contributions' criterion was not satisfied because the Petitioner's work, while successful in his home country, was not shown to have made an original, major significant contribution to the field as a whole, lacking evidence of widespread application or emulation.

The Petitioner failed to meet the judging criterion because mentoring students at a bootcamp does not constitute judging the work of others in the same or allied field. The commercial success criterion was abandoned on appeal. The remaining claims for leading/critical role and high salary were not evaluated as the Petitioner could not meet the numerical requirement of three criteria.