Date of Decision: May 19, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Engineer
Field: Mechanical Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Authorship of scholarly articles: The Beneficiary authored 11 articles since 2016, cited 74 times with the highest cited articles receiving 25 and 16 citations respectively.
Leading or critical role: The Beneficiary served as an engineer for the Petitioner and as an associate graduate faculty member.
Criteria Not Met:
Judging the work of others: The Beneficiary’s peer review was deemed insufficient to demonstrate sustained national or international acclaim.
Key Points from the Decision
Awards and Prizes Won: The Beneficiary received a Certificate of Recognition from the Center for Graduate Life and two Certificates of Appreciation from SAE. However, these were not found indicative of national or international acclaim.
Published Materials About the Petitioner: Coverage from the Petitioner’s Facebook page, their website, and the College of Engineering website was provided, but this was not sufficient to demonstrate national or international acclaim.
Original Contributions of Major Significance: The Beneficiary contributed to the development of the 2022 race car for the Petitioner and supported graduate research projects. However, these contributions were not shown to have garnered significant attention in the field.
Participation as a Judge: The Beneficiary participated in judging technical papers and served on dissertation committees. However, these activities were not shown to place him among the small percentage at the very top of the field.
Membership in Associations: Memberships in various SAE committees were provided, but there was no evidence that these memberships resulted in significant attention or were indicative of extraordinary ability.
Authorship of Scholarly Articles: While the Beneficiary authored multiple articles, the citation history and overall impact were not sufficient to demonstrate sustained national or international acclaim.
Leading or Critical Role: The Beneficiary’s roles did not garner national or international attention beyond his employer or alma mater.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: Not applicable.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- Certificates of Recognition and Appreciation: Described contributions but were not found to be of national or international significance.
- Google Scholar Citations: Indicated some references but not at a level to establish extraordinary ability.
- Media Coverage: Limited and not indicative of national or international acclaim.
- Recommendation Letters: Discussed contributions but lacked sufficient detail to establish extraordinary ability.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not demonstrate that the Beneficiary’s accomplishments met the high standard required for classification as an individual of extraordinary ability. The evidence provided was not sufficient to establish sustained national or international acclaim.
Next Steps: Consider gathering more extensive and high-impact documentation of achievements, and perhaps consult with an immigration attorney for further guidance.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 19999659
Document: MAY192022_01B2203
