Date of Decision: MAY 17, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Manager
Field: Automatic Transmission Remanufacturing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Judging the work of others: The petitioner has served as a judge of the work of others in the field of automatic transmission remanufacturing.
- Authorship of scholarly articles: The petitioner has authored scholarly articles related to their field.
- Leading or critical role: The petitioner has performed in a leading or critical role for an establishment with a distinguished reputation.
Criteria Not Met:
- Original contributions of major significance: The Director did not fully address whether the petitioner’s contributions were of major significance, impacting the decision.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner did not provide evidence of a major, internationally recognized award.
Published Materials About the Petitioner:
- Summary of findings: The Director did not fully evaluate the published materials about the petitioner.
Original Contributions of Major Significance:
- Summary of findings: The Director’s decision lacked a detailed discussion of the evidence related to the petitioner’s original contributions and their significance in the field.
Participation as a Judge:
- Summary of findings: The petitioner demonstrated participation as a judge in the field of automatic transmission remanufacturing.
Membership in Associations:
- Summary of findings: Not specified in the document.
Authorship of Scholarly Articles:
- Summary of findings: The petitioner authored scholarly articles related to their field, contributing to the initial evidence requirements.
Leading or Critical Role Performed:
- Summary of findings: The petitioner performed a leading or critical role for an establishment with a distinguished reputation.
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable.
Evidence of High Salary or Remuneration:
- Summary of findings: Not specified in the document.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable.
Supporting Documentation
- Multiple letters of support: Letters from professionals in the petitioner’s field supporting the petitioner’s standing in the field.
- Scholarly articles: Articles authored by the petitioner demonstrating expertise and contributions to the field.
Conclusion
Final Determination: The Director’s decision has been withdrawn and the case remanded for further review.
Reasoning: The Director did not properly consider all of the petitioner’s evidence in the final merits analysis and failed to provide a detailed discussion of the evidence.
Next Steps: The new decision should include a comprehensive final merits analysis of the totality of the record, considering all claimed initial evidentiary criteria and the petitioner’s specific statements on how their work will benefit the United States.
