Date of Decision: September 19, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Delivery Practice Manager in Data Analytics
Field: Data Analytics and Machine Learning
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). Upon review, the Administrative Appeals Office (AAO) determined that the petitioner satisfied three criteria, requiring further analysis on remand.
Criteria Met:
- Participation as a Judge of the Work of Others:
- The petitioner submitted evidence of reviewing 12 scholarly articles between 2007 and 2015, satisfying this criterion.
- Performance in a Leading or Critical Role for Distinguished Organizations:
- Evidence demonstrated leadership in managing a $50 million project portfolio for a division delivering data analytics solutions. This included leading a $97 million project for a public university, migrating critical data for a healthcare company, and designing solutions to improve organizational efficiency.
- High Salary or Significantly High Remuneration:
- The petitioner documented a salary of $254,000 in 2022, supplemented by restricted stock units and bonus compensation, showing earnings significantly above peers in her field.
Key Points from the Decision
Director’s Errors:
- The Director improperly limited the salary comparison to a single employer rather than considering the broader industry.
- Insufficient weight was given to the petitioner’s critical contributions to distinguished organizations.
Remand Instructions:
- The Director must conduct a final merits determination to evaluate whether the petitioner demonstrates sustained national or international acclaim and is among the small percentage at the very top of her field.
Supporting Documentation
Judging Evidence: Records of reviewing scholarly articles in the field of data analytics.
Leadership Evidence: Letters and media coverage documenting leadership on significant projects.
Remuneration Evidence: Financial documents, including salary, stock units, and comparative wage data.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further analysis and decision-making.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now evaluate the totality of the evidence to determine if the petitioner demonstrates extraordinary ability and sustained acclaim in data analytics and machine learning.
