Date of Decision: March 4, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: High School Science Teacher
Field: Science Education
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging the work of others: The beneficiary has experience judging the work of others, which met the USCIS criteria.
- Commanding a high salary: The beneficiary’s salary meets the USCIS criteria for high remuneration in their field.
Criteria Not Met:
- One-time achievement: The Teacher of the Year Award did not meet the level of recognition required by USCIS as it lacks international acknowledgment.
- Lesser nationally or internationally recognized prizes or awards for excellence: The awards received were found to be primarily local or regional, lacking significant national or international recognition.
- Membership in associations requiring outstanding achievement: Not contested on appeal, deemed waived.
- Published materials about the petitioner: Not contested on appeal, deemed waived.
- Original contributions of major significance: Not contested on appeal, deemed waived.
- Participation as a judge: Met criteria, no further dispute.
- Membership in associations: Not contested on appeal, deemed waived.
- Authorship of scholarly articles: Not addressed.
- Leading or critical role performed: The roles held were not considered leading or critical within organizations of distinguished reputation.
- Artistic exhibitions or showcases: Not applicable.
- Evidence of high salary or remuneration: Met criteria, no further dispute.
- Commercial successes in the Performing Arts: Not applicable.
Key Points from the Decision
Awards and Prizes Won:
- The USCIS concluded that the awards claimed by the petitioner, including the Teacher of the Year Award, do not have the required national or international stature.
Published Materials About the Petitioner:
- Not contested on appeal, suggesting a lack of extensive documentation in this area.
Original Contributions of Major Significance:
- Not contested on appeal, implying that significant contributions to the field were not sufficiently documented or recognized.
Participation as a Judge:
- Met criteria but insufficient to qualify without meeting additional criteria.
Membership in Associations:
- Not contested on appeal, suggesting issues with demonstrating required outstanding achievements within such memberships.
Authorship of Scholarly Articles:
- Not addressed, indicating potential lack of substantial published work.
Leading or Critical Role Performed:
- Insufficient evidence that the roles played by the beneficiary were leading or critical within organizations of noted reputation.
Supporting Documentation:
- Includes awards certificates, letters from educational institutions, and expert opinions which were deemed insufficient to meet the evidentiary criteria.
Conclusion
Final Determination: The USCIS reaffirmed the denial of the EB1 Extraordinary Ability classification due to insufficient evidence of national or international acclaim and failure to meet required evidentiary criteria.
Reasoning: The beneficiary did not meet the stringent criteria for extraordinary ability as the evidence provided did not convincingly demonstrate national or international acclaim or recognition.
Next Steps: The petitioner may consider seeking alternative visa categories or providing additional evidence if reapplying to better meet the required criteria for extraordinary ability classification.
