Date of Decision: JAN. 05, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Economics Instructor
Field: Economics
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles: The Petitioner has authored several scholarly articles in the field of economics.
Participation as a Judge: The Petitioner has participated as a judge in evaluating the work of others in her field.
Criteria Not Met:
Original Contributions of Major Significance: While the Petitioner has made original contributions, the evidence does not establish that these contributions were of major significance to the field.
Leading or Critical Role: The evidence does not sufficiently demonstrate that the Petitioner played a leading or critical role for organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
No evidence was submitted regarding major awards or prizes won by the Petitioner.
Published Materials About the Petitioner:
The evidence included several references to the Petitioner’s work in publications by other economists, but these references were not sufficient to establish major significance in the field.
Original Contributions of Major Significance:
The Petitioner submitted evidence of her thesis and other contributions, but the impact of these contributions was not demonstrated to be of major significance in the broader field of economics.
Participation as a Judge:
The Petitioner provided evidence of her role as a judge of the work of others in her field, which was accepted as meeting one of the criteria.
Membership in Associations:
No evidence was submitted regarding membership in associations.
Authorship of Scholarly Articles:
The Petitioner has authored several scholarly articles in the field of economics, which was accepted as meeting one of the criteria.
Leading or Critical Role Performed:
The evidence did not sufficiently demonstrate that the Petitioner played a leading or critical role for distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Thesis: Evidence of the Petitioner’s thesis and its contributions to the field of economics.
- Letters of Reference: Letters from colleagues and experts in the field supporting the Petitioner’s contributions.
- Published Articles: Copies of the Petitioner’s published articles and references to her work in other publications.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. The totality of the evidence did not support a finding that the Petitioner has sustained national or international acclaim or that she is among the top percentage of individuals in her field.
Next Steps: It is recommended that the Petitioner gather more substantial evidence of major significance and consider reapplying or seeking legal advice for further options.
