Date of Decision: October 1, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Civil Engineer specializing in Structural Fire Engineering
Field: Structural Engineering and Fire Safety
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). Upon review, the Administrative Appeals Office (AAO) determined that the petitioner satisfied three criteria, requiring a remand for further analysis and a final merits determination.
Criteria Met:
- Participation as a Judge of the Work of Others:
- The petitioner demonstrated participation as a peer reviewer for engineering journals.
- Authorship of Scholarly Articles:
- Evidence included multiple scholarly articles published in reputable journals discussing research findings on fire-resistant materials and engineering standards.
- Original Contributions of Major Significance:
- The petitioner was a primary drafter of regional and national fire safety standards in China and contributed to over 20 patents in China, as well as one in the United States.
Key Points from the Decision
Original Contributions:
- The petitioner’s work on fire-resistant structural materials was incorporated into published engineering standards, demonstrating significant contributions to the field.
- The petitioner’s contributions were further substantiated by national awards recognizing scientific and technological advancements.
Awards and Recognition:
- The petitioner received several prizes, including a national industry award for contributions to science and technology and two second-prize Science & Technology Progress Awards.
- These awards required evidence of significant contributions to economic or social benefits, technological progress, or urban development.
Remand Instructions:
- The AAO remanded the matter for a final merits determination to evaluate whether the petitioner demonstrates sustained national or international acclaim and is among the small percentage at the very top of the field.
Supporting Documentation
Judging Evidence: Records of peer-review activities for engineering journals.
Authorship Evidence: Scholarly articles discussing fire-resistant structural materials and engineering standards.
Contribution Evidence: Regional and national engineering codes, over 20 patents, and recognized industry awards for contributions to science and technology.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further analysis and decision-making.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The totality of the evidence must now be assessed to determine if the petitioner demonstrates extraordinary ability and sustained acclaim in structural fire engineering.
