Date of Decision: June 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Data Scientist
Field: Information Technology and Data Analysis
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: Upon review, the Administrative Appeals Office (AAO) determined that the petitioner failed to meet at least three regulatory criteria.
Criteria Not Met:
- Authorship of Scholarly Articles:
- The petitioner claimed publication of articles in Bitsight and Towards Data Science.
- Evidence failed to establish that these were major trade or professional publications. Traffic data for the websites was deemed unreliable and insufficient for demonstrating prominence.
- Use of SiteWorth Traffic as a data source was criticized for its outdated methodology and reliance on defunct Alexa rankings.
- Published Material About the Petitioner:
- Articles about the petitioner were submitted but lacked evidence of publication in major media or professional trade publications.
- Judging the Work of Others:
- The petitioner provided evidence of limited peer review activities but did not sufficiently demonstrate extraordinary recognition for these roles.
Key Points from the Decision
Authorship of Scholarly Articles:
The petitioner’s use of unreliable website traffic data weakened claims of prominence for published articles. The Director’s initial approval of this criterion was withdrawn.
Published Material About the Petitioner:
Articles provided were not supported by circulation metrics or other documentation to qualify as major media.
Judging the Work of Others:
While the petitioner documented peer review activities, the evidence did not meet the threshold for extraordinary ability.
Final Merits Determination:
The AAO determined that the petitioner failed to demonstrate sustained national or international acclaim or to prove they were among the top percentage in their field.
Supporting Documentation
Website Traffic Data: SiteWorth Traffic data was deemed outdated and insufficiently reliable.
Published Articles: Lacked corroboration of major media status.
Peer Review Activities: Documentation provided but failed to establish extraordinary recognition.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet at least three regulatory criteria or demonstrate sustained acclaim required for EB-1 classification. The record did not support the petitioner’s standing as one of the small percentage at the very top of their field.
