Date of Decision: JUNE 28, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Computer Science Researcher
Field: Context-aware Design and Human-Computer Interaction
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Judging of the Work of Others: The petitioner reviewed manuscripts for multiple journals, including the Interactive Journal of Medical Research, and served on the editorial board for the Future Generation Computer Systems journal.
- Scholarly Articles: Published articles in notable journals including IEEE Transactions on Information Technology in Biomedicine and Procedia Computer Science.
- Leading or Critical Role: Played a critical role in an organization with a distinguished reputation, contributing to projects that improved productivity and employee satisfaction.
Criteria Not Met:
- Membership in Associations: The petitioner did not raise this criterion on appeal.
- Published Material About the Petitioner: Not raised on appeal.
- Original Contributions of Major Significance: Not sufficiently demonstrated as per the initial review, though some later contributions were noted.
- High Salary or Remuneration: Initially found not met, but the appeal contested this decision.
Key Points from the Decision
Participation as a Judge:
- The petitioner’s involvement as a peer reviewer and editorial board member reflects a high level of responsibility and recognition in the field.
Leading or Critical Role Performed:
- The petitioner’s development of specific systems within his organization led to significant increases in employee satisfaction and productivity, showcasing his leadership and critical role in significant projects.
Supporting Documentation
- Peer-reviewed journal articles.
- Documentation of leadership in key projects.
- Letters from peers and superiors attesting to the petitioner’s role and impact.
Conclusion
Final Determination: The appeal is sustained, establishing the petitioner’s eligibility for the EB-1 Extraordinary Ability classification based on a preponderance of evidence that demonstrates his sustained national and international acclaim.
Reasoning: The petitioner successfully demonstrated that he meets the required evidentiary criteria and possesses extraordinary ability in his field.
Next Steps: The petitioner should continue to gather and present strong evidence of ongoing achievements and recognition in his field to maintain his status and support future applications.
