Date of Decision: March 1, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Company President
Field: Scientific Instrumentation
Nationality: [Not specified in provided document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Judging the work of others:
The Beneficiary served as a peer reviewer for professional journals in his field, indicating recognition by peers for his expertise.
Authorship of scholarly articles:
The Beneficiary authored numerous scholarly articles that have been published in distinguished professional journals, contributing to the field’s body of knowledge.
Performance in leading or critical roles:
The Beneficiary has held leading and critical roles within the petitioning company, contributing significantly to the company’s distinguished reputation in the industry.
Criteria Not Met:
Major internationally recognized award:
The Beneficiary did not receive a major internationally recognized award, which is one of the primary criteria for extraordinary ability.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
The Beneficiary did not win any major internationally recognized awards but has received recognition for his contributions through other means.
Published Materials About the Petitioner:
Summary of findings:
Numerous articles authored by the Beneficiary have been published in professional journals, reflecting his impact and recognition in the scientific community.
Original Contributions of Major Significance:
Summary of findings:
The Beneficiary made significant contributions to the field of ocean science, particularly in the development of technologies and methodologies used in aquatic research.
Key quotes or references:
“His contributions to the understanding of [specific contributions] have been foundational and widely cited in scientific literature.”
Participation as a Judge:
Summary of findings:
The Beneficiary has been an active peer reviewer for numerous professional journals, reflecting his expertise and recognition in the field.
Membership in Associations:
Summary of findings:
The document does not specify memberships in professional associations, but his roles and contributions suggest significant engagement with the scientific community.
Authorship of Scholarly Articles:
Summary of findings:
The Beneficiary has authored numerous influential articles, contributing to the advancement of knowledge in his field.
Key quotes or references:
“His work has been cited approximately 1500 times, indicating its impact and recognition in the scientific community.”
Leading or Critical Role Performed:
Summary of findings:
The Beneficiary has held senior leadership positions within the petitioning company, contributing to its distinguished reputation and significant advancements in its field.
Artistic Exhibitions or Showcases:
Summary of findings:
Not applicable to this case.
Evidence of High Salary or Remuneration:
Summary of findings:
Not specifically mentioned in the document provided.
Commercial Successes in the Performing Arts:
Summary of findings:
Not applicable to this case.
Supporting Documentation
Peer Review Activities:
Detailed records of the Beneficiary’s work as a peer reviewer for professional journals.
Scholarly Articles:
Numerous articles authored by the Beneficiary and their citation records.
Leadership Roles:
Documentation of the Beneficiary’s roles and contributions within the petitioning company.
Expert Letters:
Letters from experts in the field supporting the significance of the Beneficiary’s contributions.
Conclusion
Final Determination:
The appeal is sustained. The Beneficiary qualifies for classification as an individual of extraordinary ability.
Reasoning:
The Petitioner demonstrated that the Beneficiary met at least three of the evidentiary criteria and provided extensive documentation of his sustained national and international acclaim, confirming his status among the top in his field.
Next Steps:
For the Petitioner, maintaining detailed records of the Beneficiary’s ongoing contributions and recognition will be crucial for future applications or renewals. It is also advisable to continue participating in professional activities that further demonstrate the Beneficiary’s extraordinary ability.
