Date of Decision: May 24, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Information Technology Executive
Field: Information Technology Management
Nationality: Iranian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: High Salary or Significantly High Remuneration
Criterion 2: Playing a Leading or Critical Role for Organizations with a Distinguished Reputation
Criterion 3: Participation as a Judge of the Work of Others in the Field
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence in the Field of Endeavor
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide sufficient evidence that the awards received were nationally or internationally recognized or that they were awarded specifically for excellence in his field as an information technology executive.
Participation as a Judge:
While the petitioner was involved in judging work related to fintech and IT applications, there was insufficient detail on the entities judged or the standards by which they were judged, casting doubts on the acclaim of his contributions.
Leading or Critical Role Performed:
The petitioner played key roles in his company, influencing its direction in digital transformation and information security. However, these contributions did not clearly demonstrate national or international acclaim.
Supporting Documentation
- Letters from employers detailing the petitioner’s roles and contributions.
- Certificates of participation in IT competitions.
- Website pages and other materials related to awards received by the petitioner’s company.
Conclusion
Final Determination:
The petitioner has met three of the evidentiary criteria required for classification as an individual of extraordinary ability. However, the balance of the record does not establish the required level of sustained national or international acclaim in the field of information technology management.
Reasoning:
Despite meeting several criteria, the petitioner’s documented contributions and roles do not convincingly demonstrate acclaim at the national or international level, necessary for the extraordinary ability classification.
Next Steps:
The petitioner may consider gathering more compelling and detailed evidence of national or international recognition and acclaim for potential future submissions.
