Date of Decision: July 08, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Information Technology Manager
Field: Information Technology
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Approved, then revoked
Appeal Outcome: Denied
Motion Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: Met. The petitioner served as a judge of the work of others in the field.
Authorship of Scholarly Articles: Met. The petitioner authored scholarly articles published in professional journals.
Criteria Not Met:
Membership in Associations: Not met. The petitioner’s membership in IEEE as a Senior Member did not satisfy the requirement for “outstanding achievements” judged by recognized experts.
Original Contributions of Major Significance: Not met. The petitioner did not demonstrate that his contributions had a major significance in the field.
High Salary: Not met. The petitioner’s salary was not proven to be high in relation to others in similar positions and geographic areas.
Key Points from the Decision
Awards and Prizes Won:
Not applicable as no major internationally recognized awards were cited.
Published Materials About the Petitioner:
The petitioner’s scholarly articles were recognized, but their significance in the broader field was not deemed sufficient.
Original Contributions of Major Significance:
The petitioner’s contributions, though notable within his organization, were not demonstrated to have a significant impact on the broader field of information technology.
Participation as a Judge:
The petitioner served as a judge for work in his field, fulfilling one of the required criteria.
Membership in Associations:
The petitioner’s Senior Membership in IEEE did not meet the USCIS requirements for associations that demand outstanding achievements of their members.
Authorship of Scholarly Articles:
Confirmed, but the impact of these publications on the field was not substantial enough to meet the criteria.
Leading or critical role performed:
Not applicable as this criterion was not discussed in detail within the provided documents.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
The high salary criterion was not met, and other aspects such as artistic exhibitions were not applicable.
Supporting Documentation
IEEE membership documents, scholarly articles, letters of recommendation, salary data, and employment verification documents were submitted but deemed insufficient to meet the extraordinary ability criteria.
Conclusion
Final Determination:
The petitioner’s motion to reopen and reconsider was denied, upholding the initial revocation and appeal dismissal.
Reasoning:
The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability, particularly in demonstrating “outstanding achievements” and a “high salary” relative to peers in the field.
Next Steps:
The petitioner may consider gathering more compelling evidence of his impact and recognition in the field or explore other visa categories more aligned with his achievements and current career stage.