Date of Decision: September 22, 2017
Service Center: Texas 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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Authorship of scholarly articles: The Petitioner authored an article that was published from the proceedings of a conference.
Leading or critical role: The Petitioner’s position as a project manager for a distinguished organization was recognized.
Criteria Not Met:
Membership in associations: The Petitioner’s certification and membership did not meet the requirements for outstanding achievements judged by recognized experts.
Original contributions of major significance: The Petitioner’s contributions were not demonstrated to be of major significance in the field.
High salary or remuneration: The evidence provided did not establish that the Petitioner commanded a high salary in relation to others in the field.
Key Points from the Decision
Membership in Associations:
The Petitioner failed to demonstrate that his membership required outstanding achievements judged by recognized national or international experts.
Original Contributions of Major Significance:
The Petitioner’s paper, while published, did not show major significance or substantial impact in the field.
High Salary or Remuneration:
The Petitioner’s salary did not compare favorably to those of similar positions within the industry, and the evidence provided did not support a significantly high remuneration.
Supporting Documentation
- Certification Documentation: Did not establish outstanding achievements.
- Published Paper: Demonstrated authorship but not major significance.
- Salary Evidence: Did not prove high remuneration in relation to peers.
Conclusion
Final Determination: The appeal is dismissed. The Petitioner did not meet the required initial evidence of either a one-time achievement or documentation fulfilling at least three of the ten criteria. The evidence provided did not support the Petitioner’s qualification for classification as an individual of extraordinary ability.
Reasoning:
The documentation and evidence submitted failed to demonstrate the extraordinary ability required for the EB1 classification. The Petitioner did not meet the necessary criteria to overturn the initial decision.
Next Steps:
Petitioners should ensure that their evidence clearly meets the specific requirements outlined by USCIS, providing substantial proof of extraordinary ability through recognized achievements and significant contributions to their field.
