Date of Decision: August 21, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: App Developer
Field: Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner judged software and hardware projects at various competitions, including an entrepreneurial competition in Spain with 700 participants and reviewed a guide for a major publication.
Published Material: The petitioner was featured in an article in “El Mundo,” which discusses his work in app development. “El Mundo” is considered major media in Spain with a significant readership.
Leading or Critical Role: The petitioner is the co-founder of an app development company with a distinguished reputation, evidenced by the popularity and success of its apps.
Criteria Not Met:
Original Contributions of Major Significance: The Director initially considered this criterion but concluded that the petitioner had not demonstrated the influence of his company in the field. However, this was reassessed in the final merits determination.
Key Points from the Decision
Awards and Prizes Won:
Not applicable in this case.
Published Materials About the Petitioner:
The petitioner was featured in an article in “El Mundo,” a major Spanish newspaper. The article detailed his and his brother’s journey in app development, highlighting their innovative contributions to the field.
Original Contributions of Major Significance:
Although initially not met, the final merits determination recognized the petitioner’s significant impact through his successful app development and founding of a company with a strong reputation.
Participation as a Judge:
The petitioner judged various prestigious competitions, including a software and hardware project competition and an entrepreneurial contest, demonstrating his recognized expertise in the field.
Membership in Associations:
Not applicable in this case.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner played a critical role in his app development company, which is recognized for its successful and widely-used applications.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Certificates and Awards: Not applicable.
- Articles and Publications: Various articles highlighting the petitioner’s contributions to app development, including a significant feature in “El Mundo.”
- Letters of Support: Letters from industry experts recognizing the petitioner’s achievements and impact in app development.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The petitioner demonstrated eligibility as an individual of extraordinary ability through the satisfaction of three criteria and provided evidence indicative of sustained national or international acclaim and recognition in the field.
Next Steps: The petitioner is approved for classification as an individual of extraordinary ability.
Download the Full Petition Review Here
