Date of Decision: March 19, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Architect
Field: Architectural Design
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles:
The petitioner has authored scholarly articles. This criterion was accepted by the director.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The petitioner’s awards were either at the provincial level or awarded to the petitioner’s employers, not to the petitioner directly.
Membership in Associations that Require Outstanding Achievements:
Not contested on appeal, considered abandoned.
Published Material About the Individual in Professional or Major Media:
Insufficient evidence provided to meet this criterion.
Participation as a Judge of the Work of Others:
The petitioner participated in judging qualifications for professional certification, not the work of others in the field.
Original Contributions of Major Significance:
The petitioner’s claimed contributions did not demonstrate major significance in the field of architecture.
Display at Artistic Exhibitions or Showcases:
The petitioner did not establish that the purpose of the exhibitions was to display the architectural structures themselves.
Leading or Critical Role for Distinguished Organizations or Establishments:
The petitioner did not provide sufficient evidence to establish the distinguished reputation of the organizations in comparison to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s involvement in prize-winning projects was not sufficient as the awards were not personally received by the petitioner.
Published Materials About the Petitioner:
Insufficient evidence was provided to establish that published materials about the petitioner met the required criteria.
Original Contributions of Major Significance:
The petitioner’s contributions were not demonstrated to be of major significance in the field of architecture.
Participation as a Judge:
The petitioner’s role in evaluating qualifications for professional certification did not meet the criterion of judging the work of others in the field.
Membership in Associations:
Not contested on appeal, considered abandoned.
Authorship of Scholarly Articles:
The petitioner authored several scholarly articles, meeting this criterion.
Leading or Critical Role Performed:
The petitioner held positions of responsibility but did not provide sufficient evidence to establish the distinguished reputation of the organizations.
Artistic Exhibitions or Showcases:
The petitioner did not establish that the architectural structures themselves were the focus of the exhibitions.
Evidence of High Salary or Remuneration:
Not claimed or discussed in detail.
Commercial Successes in the Performing Arts:
Not applicable to the field of architecture.
Supporting Documentation
Membership Documentation: Provided but insufficient to demonstrate outstanding achievements.
Scholarly Articles: Met the criterion but limited in demonstrating extraordinary ability.
Contribution Letters: Detailed the petitioner’s work but did not establish the major significance of the contributions.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the required criteria for extraordinary ability. The contributions cited were not demonstrated to be of major impact in the field of architecture. The memberships did not demonstrate outstanding achievements judged by experts.
Next Steps:
It is recommended that the petitioner review the evidentiary requirements for EB1 classification and gather more relevant documentation or consider alternative immigration pathways if the petitioner’s qualifications do not meet the stringent criteria of extraordinary ability in their field.
This structured summary highlights the key aspects of the USCIS appeal review decision, providing a clear overview of the petitioner’s background, the criteria analysis, and the final determination.
