Date of Decision: DEC. 21, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Computer Scientist
Field: Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The Petitioner reviewed articles for scientific journals.
- Authorship of Scholarly Articles: The Petitioner documented authorship of articles in professional publications.
Criteria Not Met:
- Awards: Research fellowship and grants did not meet the requirements for lesser nationally or internationally recognized prizes.
- Original Contributions: The Petitioner’s work, including patents and citations, did not demonstrate contributions of major significance.
- Leading or Critical Role: The Petitioner did not establish that he performed in a leading or critical role for his organization.
- High Salary or Remuneration: The Petitioner did not provide sufficient evidence comparing his salary to others in his field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s research fellowship and grants were not recognized as nationally or internationally significant.
Published Materials About the Petitioner:
Authored articles in professional journals, but not sufficient to establish major significance.
Original Contributions of Major Significance:
The Petitioner’s patents and citations were acknowledged, but not deemed to have major significance.
Participation as a Judge:
Reviewed articles for scientific journals, meeting this criterion.
Membership in Associations:
Not specified.
Authorship of Scholarly Articles:
Published articles in professional journals, satisfying this criterion.
Leading or Critical Role Performed:
Position as a post-doctoral computer scientist did not establish a leading or critical role.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Job offer letters were provided but did not demonstrate a high salary compared to others in the field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Research fellowship and grant documentation.
- Articles published in professional journals.
- Patents and citation records.
- Letters from peers and senior scientists.
- Job offer letters.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner not meeting the necessary evidentiary criteria.
Reasoning:
The Petitioner did not demonstrate sustained national or international acclaim or that he is among the top in his field. The evidence provided did not satisfy the requirements for three out of the ten criteria needed.
Next Steps:
Petitioners should provide robust and comprehensive evidence to demonstrate extraordinary ability, ensuring that the contributions and recognitions are of national or international significance.
