Date of Decision: September 10, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Data Management Director
Field: Business
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
- Leading or Critical Role: The Beneficiary has served in a qualifying role for a previous employer, supported by letters of recommendation and documentation of the entity’s distinguished reputation.
- High Salary: Evidence was provided showing that the Beneficiary commands a high salary in relation to others in the field.
Criteria Not Met
- Original Contributions of Major Significance: The evidence submitted, including letters of recommendation and technical documentation, did not sufficiently demonstrate that the Beneficiary’s contributions were of major significance in the field of clinical data management. The contributions were primarily seen as beneficial to the employer rather than the field as a whole.
Key Points from the Decision
Awards and Prizes Won
Not applicable.
Published Materials About the Petitioner
Not applicable.
Original Contributions of Major Significance
- The letters and documents provided did not establish that the Beneficiary’s contributions had a significant impact on the field of clinical data management.
- The technical documentation and the list of trained professionals did not attribute the development and significance of the contributions directly to the Beneficiary.
Participation as a Judge
Not applicable.
Membership in Associations
Not applicable.
Authorship of Scholarly Articles
Not applicable.
Leading or Critical Role Performed
- Letters of recommendation highlighted the Beneficiary’s critical roles in previous companies, but the impact was limited to those employers rather than the broader field.
Artistic Exhibitions or Showcases
Not applicable.
Evidence of High Salary or Remuneration
- The Beneficiary’s high salary was documented and compared favorably to others in the field.
Commercial Successes in the Performing Arts
Not applicable.
Supporting Documentation
- Letters of Recommendation: Various letters highlighting the Beneficiary’s contributions to previous employers and his roles.
- Technical Documentation: Documents and specifications related to projects the Beneficiary was involved in, although not directly attributing the contributions to him.
- List of Trained Professionals: A list of professionals trained by the Beneficiary, now occupying significant positions in the industry, without direct corroborative letters.
Conclusion
Final Determination
The appeal was dismissed.
Reasoning
- The Beneficiary did not meet the initial evidentiary requirements of either a one-time achievement or documentation satisfying at least three of the ten criteria.
- The submitted evidence did not demonstrate sustained national or international acclaim or recognition at the top of the field.
- The overall record was insufficient to establish that the Beneficiary is among the small percentage at the top of his field.
Next Steps
- Recommendations or Next Steps for the Petitioner: Review the criteria and provide additional evidence if reapplying, ensuring that the evidence clearly demonstrates the Beneficiary’s extraordinary ability and impact on the field as a whole.
