Date of Decision: June 4, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mathematics Professor
Field: Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petition did not meet any of the criteria according to the USCIS review.
Criteria Not Met:
Published Material About the Petitioner: The petitioner did not provide documentation qualifying as major media coverage or professional trade publications.
Awards and Prizes: The petitioner did not present evidence of nationally or internationally recognized awards for excellence.
Original Contributions of Major Significance: The petitioner’s work, while recognized, was not demonstrated to have major significance in the field of mathematics education.
Authorship of Scholarly Articles: Although the petitioner may have authored articles, there was no evidence that these were published in major trade or professional publications.
Participation as a Judge: There was no documentation of the petitioner serving as a judge of the work of others in their field.
Membership in Associations: The petitioner did not provide evidence of memberships in associations that require outstanding achievements judged by recognized experts.
Leading or Critical Role: The petitioner did not demonstrate holding a leading or critical role within distinguished organizations.
High Salary or Remuneration: There was no evidence provided to demonstrate that the petitioner’s salary was significantly higher than others in similar positions in the field.
Artistic Exhibitions or Showcases: Not applicable based on the field of mathematics education.
Commercial Successes in the Performing Arts: Not applicable based on the field of mathematics education.
Key Points from the Decision
Awards and Prizes Won: The petitioner did not present evidence of nationally or internationally recognized awards for excellence in the field.
Published Materials About the Petitioner: The material provided did not qualify as major media coverage. The petitioner did not establish that the publications discussing his work were major trade publications.
Original Contributions of Major Significance: The letters from colleagues and evidence of citations did not sufficiently demonstrate that the petitioner’s contributions were of major significance. While his work was recognized, it was not shown to have a transformative impact on the field.
Participation as a Judge: No evidence was provided that the petitioner served as a judge in their field.
Membership in Associations: The petitioner’s claimed memberships did not meet the criterion of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: The petitioner did not provide evidence of authoring scholarly articles in major publications.
Leading or Critical Role Performed: The petitioner did not demonstrate holding a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: The petitioner did not demonstrate a high salary in the field.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
The documentation included letters from colleagues, copies of published articles, evidence of manuscript reviews, and citation records. However, much of the evidence did not meet the necessary criteria to demonstrate extraordinary ability.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. The totality of the evidence did not support a finding of sustained national or international acclaim or that the petitioner is among the small percentage at the very top of their field.
Next Steps: The petitioner may consider gathering more substantial evidence of individual achievements and acclaim within the field, focusing on personal awards, critical reviews, and documented contributions of major significance to strengthen future petitions.
