Date of Decision: May 2, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Academic Administrator
Field: Higher Education Administration
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The petitioner demonstrated that they judged the work of others in their field, meeting this criterion.
- Authorship of Scholarly Articles: Evidence was provided that the petitioner authored scholarly articles in professional or major trade publications.
- Leading or Critical Role: The petitioner successfully showed that they performed in a leading or critical role for an organization with a distinguished reputation.
Criteria Not Met:
- Original Contributions of Major Significance: The petitioner’s evidence did not sufficiently establish that their contributions were of major significance in the field.
Key Points from the Decision
Judging the Work of Others:
The petitioner met this criterion by providing evidence of serving as a judge or evaluator of the work of others in their field.
Authorship of Scholarly Articles:
The petitioner submitted evidence of scholarly articles they authored, which were published in professional or major trade publications.
Leading or Critical Role Performed:
As Acting President and Vice President for Academic Affairs of a reputable organization, the petitioner performed in a leading or critical role, satisfying this criterion.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate that their original contributions were recognized as being of major significance in the field.
Supporting Documentation
Documentation of Judging Roles: Included but not fully detailed in the analysis.
Scholarly Publications: Provided and met the requirements for professional or major trade publications.
Evidence of Leadership Role: Included detailed documentation of leadership positions held and contributions made to a distinguished organization.
Conclusion
Final Determination: The Director’s decision is withdrawn, and the matter is remanded for a final merits determination.
Reasoning:
The petitioner met the required three criteria under 8 C.F.R. § 204.5(h)(3). However, a final merits determination is necessary to evaluate sustained national or international acclaim and whether the petitioner has risen to the very top of their field.
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