Date of Decision: May 31, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Inventor
Field: Micro-irrigation Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None explicitly mentioned in the summary provided.
Criteria Not Met:
- Major, Internationally Recognized Award: The Petitioner did not provide evidence of receiving a major, internationally recognized award.
- Three of the Ten Evidentiary Criteria: The Director concluded that the Petitioner did not meet the requirement of demonstrating three of the ten evidentiary criteria outlined in 8 C.F.R. § 204.5(h)(3).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide evidence of winning any major, internationally recognized awards.
Published Materials About the Petitioner:
Not specified in the summary provided.
Original Contributions of Major Significance:
The Petitioner mentioned the technology behind trace irrigation but did not provide sufficient evidence to overcome the Director’s concerns.
Participation as a Judge:
Not specified in the summary provided.
Membership in Associations:
Not specified in the summary provided.
Authorship of Scholarly Articles:
Not specified in the summary provided.
Leading or Critical Role Performed:
Not specified in the summary provided.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not specified in the summary provided.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner presented documentation regarding the translation company responsible for the translation of documents in the record. The Director did not consider several documents as they were not accompanied by a full English language translation certified by the translator.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Director’s decision was adopted and affirmed because the Petitioner did not provide sufficient evidence to meet the initial evidence requirements for classification as an individual of extraordinary ability. The Petitioner failed to provide evidence of a major, internationally recognized award or meet three of the ten evidentiary criteria.
Next Steps:
Petitioners seeking classification as individuals of extraordinary ability should ensure that all supporting documents are properly certified and translated as required by 8 C.F.R. § 103.2(b)(3). Additionally, providing comprehensive and compelling evidence that meets the evidentiary criteria is crucial for a successful petition.
