Date of Decision: January 25, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Assistant Research Professor
Field: Thermal Engineering and Air-Conditioning Efficiency
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met
Judging the Work of Others:
The Petitioner has conducted numerous reviews for leading journals in his field, including the oversight of graduate students’ research and serving on dissertation committees.
Authorship of Scholarly Articles:
The Petitioner has co-authored and published articles in professional and international journals, with a high citation rate indicating the influence and recognition of his work.
Critical Role:
The Petitioner has performed a critical role at his institution, leading significant projects with substantial funding and contributing to the development of technologies adopted by major organizations.
Criteria Not Met
Awards:
The Petitioner did not meet the criterion for receiving awards as specified in 8 C.F.R. § 204.5(h)(3)(i).
Membership:
The Petitioner did not satisfy the membership criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material About the Petitioner:
The Petitioner did not meet the published material criterion as outlined in 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance:
While the Petitioner has made significant contributions, this criterion was not explicitly met as per the initial decision.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received recognition for his work, including awards and acknowledgment by industry organizations.
Published Materials About the Petitioner:
Articles from renowned publications discuss the Petitioner’s inventions and their impact, demonstrating his recognition in the field.
Original Contributions of Major Significance:
The Petitioner has made several key contributions, including patents and the development of energy-efficient technologies.
Participation as a Judge:
The Petitioner’s role in reviewing the work of others and overseeing graduate research demonstrates his influence in the field.
Membership in Associations:
The Petitioner is a member of several professional associations, indicating his standing in the community.
Authorship of Scholarly Articles:
The Petitioner has a substantial record of published research, with high citation rates reflecting the significance of his work.
Leading or Critical Role Performed:
The Petitioner’s leadership in various projects, including those with significant funding, highlights his critical role in his field.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
The Petitioner’s remuneration and the commercial success of his projects are indicators of his extraordinary ability.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
The Petitioner provided extensive documentation, including letters from industry leaders, evidence of patents, project descriptions, and records of publications and citations. Each piece of evidence was evaluated for its relevance and probative value.
Conclusion
Final Determination: Approved
Reasoning:
The Petitioner met at least three of the evidentiary criteria and demonstrated sustained national and international acclaim. His achievements were recognized through extensive documentation, and he indicated an intention to continue working in his area of expertise.
Next Steps:
The Petitioner is advised to continue his contributions to his field and maintain thorough documentation of his achievements for any future immigration or professional endeavors.
