EB-1 Extraordinary Ability USCIS Appeal Review – International Consultant – MAY202024_02B2203

Date of Decision: May 20, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability

Petitioner Information

Profession: International Consultant
Field: Strategic Communications and Global Development
Nationality: Not specified in the document

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination

Evidentiary Criteria Analysis

Criteria Met:

  1. Original Contributions of Major Significance: Evidence demonstrated that the petitioner made original contributions recognized as significant in the field.
  2. Leading or Critical Role: Documentation confirmed that the petitioner performed in leading or critical roles for organizations with distinguished reputations.
  3. Authorship of Scholarly Articles: On appeal, the petitioner provided evidence of co-authoring a scholarly article published in International Annals of Criminology in 2018.

Criteria Not Met:

  1. Display of Work: The Director determined the evidence was insufficient to satisfy this criterion, though the petitioner provided comparable evidence on appeal.
  2. High Salary or Remuneration: The petitioner claimed a high salary but did not sufficiently document remuneration relative to peers in the field.

Key Points from the Decision

Original Contributions of Major Significance:
The petitioner submitted letters from industry experts attesting to the significant impact of his contributions in global development and communications strategies.

Leading or Critical Role:
The petitioner provided evidence of leadership roles in high-profile organizations, supported by detailed letters confirming the distinguished reputations of these entities.

Authorship of Scholarly Articles:
On appeal, the petitioner successfully demonstrated co-authorship of a scholarly article published in a professional journal, satisfying this criterion.

Display of Work:
The Director found the evidence insufficient for this criterion; however, the petitioner’s appeal included comparable evidence for reconsideration.

High Salary or Remuneration:
The petitioner’s evidence of earnings lacked sufficient comparative data or corroborating documentation to establish it as significantly high in the field.

Supporting Documentation

Original Contributions Evidence: Letters from experts detailing significant contributions in the field.
Leadership Evidence: Documentation of critical roles in distinguished organizations.
Authorship Evidence: Scholarly article co-authorship demonstrated through journal excerpts and supporting letters.
Display Evidence: Comparable documentation submitted on appeal but not fully evaluated.
Salary Evidence: Incomplete documentation of comparative remuneration in the industry.

Conclusion

Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further evaluation and a final merits determination.
Reasoning:
The petitioner met at least three of the regulatory criteria. A final merits determination is required to assess whether the petitioner has achieved sustained national or international acclaim and ranks among the small percentage at the top of their field.

Download The Full Petition Review Here

Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

Articles: 1543

Leave a Reply

Your email address will not be published. Required fields are marked *