Date of Decision: July 15, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Legal Consultant
Field: Public and Constitutional Law
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles: The petitioner provided evidence of authorship of scholarly articles published in peer-reviewed journals and presented at professional conferences.
Criteria Not Met:
Membership in Associations: The petitioner did not establish that her membership in the International Society of Public Law (ICON-S) requires outstanding achievements of its members, as judged by recognized experts.
Original Contributions of Major Significance: The petitioner did not sufficiently demonstrate that her contributions, specifically her Ph.D. thesis, have had a major significance in the field of law.
High Salary or Other Significantly High Remuneration: The petitioner did not establish that she commanded a high salary or significantly high remuneration in relation to others in her field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving any major or lesser recognized awards for excellence in public and constitutional law.
Published Materials About the Petitioner:
There was no evidence provided of published material about the petitioner in professional or major trade publications.
Original Contributions of Major Significance:
The petitioner’s Ph.D. thesis and other contributions were noted but did not demonstrate major significance in the field of law. Reference letters lacked detailed descriptions of how her work impacted or influenced the field.
Participation as a Judge:
The petitioner did not provide evidence of participation as a judge of the work of others in her field.
Membership in Associations:
The petitioner’s membership in ICON-S did not meet the criteria as it was not established that the association requires outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The petitioner provided evidence of authorship of scholarly articles, which met this criterion.
Leading or Critical Role Performed:
There was no evidence provided to demonstrate a leading or critical role for distinguished organizations.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
The petitioner did not meet the high salary criterion and did not provide evidence for the other criteria.
Supporting Documentation
The petitioner submitted documents including articles, letters of recommendation, and evidence of her scholarly work, but these were insufficient to meet the required criteria for extraordinary ability.
Conclusion
Final Determination:
The petitioner’s appeal was dismissed.
Reasoning:
The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met one criterion, the totality of the evidence did not demonstrate the sustained national or international acclaim required for this classification. Specifically, the petitioner did not establish the significance of her contributions to the field and her membership in distinguished associations.
Next Steps:
The petitioner may consider gathering more substantial and detailed evidence to support her claims and ensure all filing deadlines are met in future motions or appeals. Exploring other visa categories that align more closely with her achievements and current career stage may also be advisable.
