Date of Decision: JAN. 8, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Computer and System Engineer
Field: Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 3 (Leading or critical role): The petitioner played a critical role in a company known for its distinguished reputation in oilfield services, confirmed by evidence and supportive reference letters from colleagues and superiors.
Criterion 6 (High salary or remuneration): The petitioner’s salary, documented through IRS Form W-2, was considered high relative to others in the field of computer science.
Criteria Not Met:
Criterion 1 (Membership in associations): The petitioner’s memberships in various IT associations did not meet the requirement for having outstanding achievements judged by recognized experts in the field.
Criterion 4 (Original contributions of major significance): The petitioner claimed a patent application as evidence of originality and significance; however, this was not deemed sufficient to prove major significance in the field of computer and systems engineering.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
The petitioner’s contributions through patent applications and reference letters from colleagues were found insufficient to demonstrate a major significant impact in the field as a whole.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner’s memberships in IT-related associations were discussed, but found not to meet the criteria requiring outstanding achievements.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner was recognized for playing a critical role in significant projects within his company, contributing to its global operations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The evidence supported a high remuneration for the petitioner compared to others in the field, based on IRS tax documents.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The appeal included evidence such as IRS Form W-2, patent application details, and multiple reference letters from colleagues and supervisors attesting to the petitioner’s roles and contributions.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence meeting the required number of evidentiary criteria and a lack of demonstrated extraordinary ability at the top of the field.
Reasoning: The evidence provided did not satisfactorily meet the regulatory requirements for classification as an individual of extraordinary ability.
Next Steps: The petitioner may consider gathering more robust evidence or seeking alternative visa classifications appropriate to his qualifications and intentions.
