Date of Decision: June 25, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Financial Services
Field: Quantitative Finance
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles:
The Beneficiary authored scholarly articles in the field of quantitative finance. These articles were widely disseminated and recognized within the industry.
High Salary:
The Beneficiary’s compensation was significantly higher than others in the field, reflecting his extraordinary ability and contributions.
Leading or Critical Role:
The Beneficiary held a senior executive position in the financial services firm, playing a critical role in key business areas, including leading the company through new capital requirement guidelines.
Criteria Not Met:
Awards:
The Beneficiary did not receive a major, internationally recognized award.
Membership in Associations:
The Petitioner conceded that the Beneficiary did not meet the criterion for membership in associations requiring outstanding achievements.
Published Material About the Petitioner:
Insufficient evidence was provided to meet this criterion.
Judging:
The Beneficiary did not demonstrate participation as a judge of the work of others in the field.
Original Contributions of Major Significance:
Although the Beneficiary made significant contributions, the evidence provided was not sufficient to meet this criterion at the initial stage.
Key Points from the Decision
Awards and Prizes Won:
The Beneficiary and his team received top rankings from Institutional Investor awards in 2010, 2011, and 2012. These awards are prestigious within the financial industry and recognized by peers.
Published Materials About the Petitioner:
No specific materials were cited in the decision to support this criterion.
Original Contributions of Major Significance:
The Beneficiary’s publications and presentations, such as the pioneering study on quantitative finance, were recognized as significant contributions to the field.
Participation as a Judge:
No evidence was provided to support this criterion.
Membership in Associations:
The Petitioner did not provide sufficient evidence for membership in prestigious associations.
Authorship of Scholarly Articles:
The Beneficiary’s articles were distributed widely and read by thousands of institutional clients, establishing his recognition in the field.
Leading or Critical Role:
The Beneficiary’s leadership in responding to new capital requirements and his role in significant financial transactions demonstrated his critical role within the organization.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The Beneficiary’s high salary, as evidenced by compensation summaries, W-2 forms, and salary surveys, indicated his top-tier status in the field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Institutional Investor award certificates and related correspondence.
- Letters from industry experts and colleagues attesting to the Beneficiary’s contributions and roles.
- Copies of the Beneficiary’s scholarly articles and evidence of their distribution.
- Compensation summaries, W-2 forms, and salary surveys.
Conclusion
Final Determination: The appeal is sustained, and the Beneficiary qualifies for classification as an individual of extraordinary ability.
Reasoning:
The evidence demonstrates that the Beneficiary has sustained national or international acclaim and has risen to the very top of his field. His achievements have been recognized through extensive documentation, meeting the requirements for EB-1 classification.
Next Steps:
The Petitioner should proceed with the visa application process, leveraging the sustained appeal decision to support the Beneficiary’s extraordinary ability status.
