Date of Decision: OCT. 31, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Electrical Engineer
Field: Science
Nationality: Russia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles:
The Petitioner demonstrated authorship of one scholarly article published in a professional publication, the State Technical University Scientific Journal.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The Petitioner claimed receipt of various awards and scholarships, including cash awards from State Technical University and the Company, as well as the Governor’s scholarship and another scholarship. However, the evidence did not establish these awards as nationally or internationally recognized prizes for excellence in electrical engineering.
High Salary or Other Significantly High Remuneration:
The Petitioner submitted bank statements to support the claim of high salary, but failed to establish the total amount of salary or remuneration in relation to others in the field, and did not provide sufficient documentation from employers to corroborate the claims.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings:
The Petitioner failed to provide evidence that the claimed awards were for excellence in the field of electrical engineering or that they were nationally or internationally recognized.
Key Quotes or References:
“The record lacks evidence demonstrating that any such awards received by the Petitioner were granted for excellence in her field, or that they are nationally or internationally recognized.”
Published Materials About the Petitioner:
Summary of Findings:
The Petitioner did not meet the criteria for published materials about her as required by 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance:
Summary of Findings:
The Petitioner did not meet the criteria for original contributions of major significance as required by 8 C.F.R. § 204.5(h)(3)(v).
Participation as a Judge:
Summary of Findings:
The Petitioner did not meet the criteria for participation as a judge as required by 8 C.F.R. § 204.5(h)(3)(iv).
Membership in Associations:
Summary of Findings:
The Petitioner did not meet the criteria for membership in associations as required by 8 C.F.R. § 204.5(h)(3)(ii).
Authorship of Scholarly Articles:
Summary of Findings:
The Petitioner met this criterion by demonstrating authorship of one scholarly article published in a professional publication.
Leading or Critical Role Performed:
Summary of Findings:
The Petitioner did not meet the criteria for leading or critical role as required by 8 C.F.R. § 204.5(h)(3)(viii).
Artistic Exhibitions or Showcases:
Summary of Findings:
Not applicable.
Evidence of High Salary or Remuneration:
Summary of Findings:
The Petitioner failed to demonstrate that she commanded a high salary or significantly high remuneration in relation to others in her field.
Commercial Successes in the Performing Arts:
Summary of Findings:
Not applicable.
Supporting Documentation
- Bank Statements: Provided to support the claim of high salary but lacked sufficient corroborative evidence.
- Copies of Awards and Scholarships: Submitted to demonstrate recognition, but failed to establish national or international significance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The evidence did not establish that the Petitioner met the required three criteria for extraordinary ability. The Petitioner failed to demonstrate sustained national or international acclaim and to show that she is among the small percentage at the top of her field.
Next Steps:
The Petitioner may consider gathering additional evidence that clearly demonstrates meeting the required criteria or consult with an immigration attorney for further guidance.
