Date of Decision: November 30, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Artificial Intelligence Technology
Petitioner Information
Profession: Entrepreneur
Field: Artificial Intelligence Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The Petitioner provided evidence of published material about him in major media, such as Architectural Digest and home decor industry publications, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner demonstrated his original contributions by showing his work as the founder, inventor, and CEO of a company with significant technological advancements. His patented technology and its impact on the artificial intelligence and big data industry satisfied the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Leading or Critical Role: The Petitioner played a leading or critical role within a distinguished organization. His role in developing a platform that accurately predicts quarterly revenues of public companies using advanced technology and leading a successful acquisition by a major industry player established this criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide sufficient evidence of receiving nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner provided articles about his work in major media, satisfying this criterion.
Original Contributions of Major Significance:
The Petitioner’s contributions included his patented technology, which had a significant impact on the use of artificial intelligence and big data in the industry. Independent letters and testimonials supported the major significance of his work.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
The Petitioner authored scholarly articles, meeting this criterion.
Leading or Critical Role Performed:
The Petitioner played leading roles within distinguished organizations, meeting this criterion.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters from prominent figures, patents, published articles, and evidence of his leadership in technological advancements. These collectively established the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner demonstrated that he met at least three of the ten initial evidentiary criteria for extraordinary ability. The evidence provided established his published material as major media, his original contributions as of major significance, and his roles as leading or critical in distinguished organizations. The Petitioner also demonstrated his intention to continue working in his field in the United States and that his entry would substantially benefit the country.
Next Steps: The Petitioner qualifies for classification as an individual of extraordinary ability and may continue working in the United States in his area of expertise.
