Date of Decision: November 30, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Big Data Center Consultant
Field: Business
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a judge of the work of others: The petitioner has served as a judge of the work of others, indicating recognition of his expertise in the field.
- Authorship of scholarly articles in the field: The petitioner has authored scholarly articles, demonstrating his contribution to the academic and professional community.
- Performed in a leading or critical role for organizations or establishments with distinguished reputations: The petitioner has performed in a significant role for reputable organizations, showcasing his leadership and impact in the field.
Criteria Not Met:
- One-time achievement under 8 C.F.R. § 204.5(h)(3): The evidence does not indicate, and the petitioner does not claim, a one-time major, internationally recognized award.
Key Points from the Decision
Awards and Prizes Won: (if applicable)
The document does not specify any awards or prizes won by the petitioner.
Published Materials About the Petitioner: (if applicable)
No specific published materials about the petitioner were detailed in the document.
Original Contributions of Major Significance: (if applicable)
The petitioner has been responsible for the construction, operations, and maintenance of financial industry data centers handling significant transactions. This indicates his major contributions to the field.
Participation as a Judge:
The petitioner has been involved in judging the work of others, which is a significant recognition of his expertise.
Membership in Associations: (if applicable)
No specific memberships in associations were mentioned in the document.
Authorship of Scholarly Articles:
The petitioner has authored scholarly articles in his field, contributing to the dissemination of knowledge and expertise.
Leading or Critical Role Performed:
The petitioner has played a leading role in organizations with distinguished reputations, highlighting his critical influence and leadership.
Artistic Exhibitions or Showcases: (if applicable)
There are no mentions of artistic exhibitions or showcases related to the petitioner.
Evidence of High Salary or Remuneration: (if applicable)
The document does not provide details on the petitioner’s salary or remuneration.
Commercial Successes in the Performing Arts: (if applicable)
There is no information regarding commercial successes in the performing arts.
Supporting Documentation
- Brief Submitted on Appeal: Argues that the Director erred in law and fact and failed to consider the totality of the evidence.
- Documentation of National Recognition: Includes records of the petitioner’s national recognition as an expert in his field.
- Leadership Roles: Evidence of the petitioner’s leadership roles in groups setting national technological standards for China.
- Records of Financial Industry Data Centers: Demonstrates the petitioner’s responsibility for high-value transaction data centers.
Conclusion
Final Determination: The appeal is sustained, and the petitioner has established his eligibility for the extraordinary ability classification.
Reasoning:
The petitioner demonstrated by a preponderance of the evidence that he is among the few who have risen to the very top of his field of endeavor. The totality of the record, including his achievements and earned recognition, establishes the required sustained acclaim.
Next Steps:
The petitioner may proceed with plans to enter the United States to continue work in his field, which will substantially benefit the United States.
