Date of Decision: September 22, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Computer Scientist
Field: Computer Science
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of Scholarly Articles: The petitioner authored an article published in the proceedings of a professional conference.
- Leading or Critical Role: The petitioner served as a project manager at [Company Name], satisfying the criterion for performing a leading or critical role.
Criteria Not Met:
- Membership in Associations: The petitioner failed to demonstrate that his memberships required outstanding achievements judged by recognized national or international experts.
- Original Contributions of Major Significance: The petitioner did not provide sufficient evidence to show that his work had a major significance in his field.
- High Salary or Remuneration: The petitioner did not establish that he commanded a significantly high salary in comparison to others in his field.
Key Points from the Decision
Original Contributions of Major Significance:
The petitioner claimed that his research and publications were significant in the field of computer science. However, the evidence did not support that these contributions were of major significance, as the citations of his work were limited and did not demonstrate a significant impact on the field.
High Salary or Remuneration:
The petitioner provided evidence of what his services were billed at by his employer, but his actual salary did not meet the criterion for commanding a high salary or other significantly high remuneration in relation to others in his field.
Supporting Documentation
- Scholarly Articles: The petitioner submitted evidence of an article he authored, published from the proceedings of a professional conference.
- Recommendation Letters: Several letters were provided, attesting to the petitioner’s work and status in his field, though these did not sufficiently demonstrate original contributions of major significance.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the required criteria to qualify for the EB-1 classification for extraordinary ability.
Reasoning: The petitioner failed to demonstrate that he met at least three of the required ten evidentiary criteria, and the overall record did not support the claim of extraordinary ability.
Next Steps: The petitioner may consider reapplying with stronger evidence or explore other immigration options.
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