Date of Decision: February 12, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Former Professor
Field: Education
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Judging the Work of Others
The petitioner demonstrated participation as a judge of the work of others in the field, fulfilling this criterion.
Criterion 2: Authorship of Scholarly Articles
The petitioner provided evidence of authorship of scholarly articles in the field of education, meeting this criterion.
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner claimed several awards, including a “Diploma of Merit” and the “Innovare Award,” but did not provide sufficient evidence to establish that these awards were nationally or internationally recognized in the field of education.
Criterion 2: Membership in Associations (if applicable)
The petitioner did not demonstrate membership in associations that require outstanding achievements of their members.
Criterion 3: Other Claimed Criteria (if applicable)
The petitioner did not provide adequate evidence to meet other claimed criteria beyond the two recognized.
Key Points from the Decision
Awards and Prizes Won:
The petitioner listed several awards but failed to establish their national or international recognition. For example, the “Diploma of Merit” and the “Innovare Award” were not sufficiently documented to prove their significance in the field of education.
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance: Not applicable
Participation as a Judge:
The petitioner met this criterion by providing evidence of judging the work of others in the educational field.
Membership in Associations:
The petitioner did not provide sufficient evidence of membership in associations that require outstanding achievements.
Authorship of Scholarly Articles:
The petitioner successfully demonstrated authorship of scholarly articles in education.
Leading or Critical Role Performed: Not applicable
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Awards and Certificates: Documentation of various awards claimed by the petitioner.
Scholarly Articles: Copies of articles authored by the petitioner.
Judging Participation: Evidence of participation as a judge in the field of education.
Conclusion
Final Determination: The motions to reconsider and reopen were denied.
Reasoning:
The petitioner did not provide new facts or evidence that sufficiently demonstrated eligibility for the EB1 classification. The additional evidence submitted did not establish that the awards were nationally or internationally recognized. The petitioner also failed to meet other claimed criteria beyond the judging and scholarly articles criteria.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on awards with national or international recognition and other significant achievements in the field. Reapplying or exploring other immigration options that may be more suitable given the evidence available is also recommended.
