Date of Decision: MAY 26, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Information Technology Project Manager
Field: Information Technology
Nationality: Canadian
Summary of Decision
Initial Decision: Approved, but later revoked
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner participated as a judge of the work of others.
Authorship of Scholarly Articles: The petitioner authored scholarly articles in his field.
Criteria Not Met:
Membership in Associations: The petitioner’s membership in the Institute of Electrical and Electronics Engineers (IEEE) was not deemed to meet the criteria as it did not require outstanding achievements judged by recognized national or international experts.
High Remuneration for Services: The petitioner’s salary did not meet the threshold required to show extraordinary ability compared to others in his field. Additional submitted evidence did not adequately demonstrate this criterion.
Original Contributions of Major Significance: The evidence provided was not sufficient to prove original contributions of major significance in the field.
Key Points from the Decision
Awards and Prizes Won: No major, internationally recognized award was claimed.
Published Materials About the Petitioner: Not applicable.
Original Contributions of Major Significance: The petitioner’s contributions were not deemed significant enough to meet the criterion.
Participation as a Judge: Participation as a judge was accepted as meeting one of the criteria.
Membership in Associations: Membership in IEEE did not meet the criteria for associations requiring outstanding achievements.
Authorship of Scholarly Articles: The petitioner authored scholarly articles, which met one of the criteria.
Leading or Critical Role Performed: Not applicable.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: The petitioner’s salary was found to be insufficient to meet the criterion of high remuneration.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- IEEE Membership Documentation: Provided details on the requirements for senior membership, but did not establish it as requiring outstanding achievements judged by national or international experts.
- Salary Documentation: Included wage statistics and job offer letters but failed to demonstrate that the petitioner’s salary was significantly high in relation to others in the field.
- Published Articles: Included scholarly articles authored by the petitioner, which met one of the required criteria.
Conclusion
Final Determination: Dismissed
Reasoning: The petitioner did not satisfy the necessary evidentiary criteria to demonstrate extraordinary ability. The evidence provided for membership in associations and high remuneration did not meet the required standards. The petitioner met only two of the required criteria, and thus, the appeal was dismissed.
Next Steps: The petitioner may seek to gather and present additional evidence that addresses the deficiencies noted in the decision. Alternatively, they might consider reapplying with a stronger compilation of documentation supporting the required criteria for EB-1 classification.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 19920861
Document: MAY262022_01B2203
