Date of Decision: March 4, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mechanical Engineer and Researcher
Field: Application of the Finite Element Method (FEM) in Engineering
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner participated as a panel judge at a conference, a role validated by corroborating letters which discussed the quality of his reviews.
- Authorship of Scholarly Articles: The petitioner authored several articles recognized within the engineering community, as evidenced by supporting letters from credible experts.
- Leading or Critical Role in Organizations: Demonstrated by the petitioner’s leadership in developing a new product line for industrial pipe supports and creating automation tools to enhance manufacturing efficiency.
Criteria Not Met:
- Original Contributions of Major Significance: Despite claims of significant contributions to mechanical engineering, the evidence did not conclusively show widespread implementation or major impact on the field. The contributions, while innovative, lacked the necessary documentation to prove their influence or recognition at a national or international level.
Key Points from the Decision
Original Contributions of Major Significance: The petitioner provided numerous supporting letters highlighting the uniqueness and potential impact of his research. However, the adjudicators found these contributions lacked sufficient evidence of being widely implemented or recognized in the field, which is crucial for meeting the EB1 criteria.
Conclusion
Final Determination: The appeal was dismissed. The USCIS concluded that the petitioner, although highly skilled and promising in his field, did not demonstrate the required level of national or international acclaim or influence to qualify as having extraordinary ability.
Reasoning: The decision emphasized the need for concrete evidence of broad implementation and recognition of the petitioner’s contributions to the field of mechanical engineering. The record did not sufficiently demonstrate that the petitioner’s achievements had brought him the sustained acclaim necessary for this visa category.
Next Steps: The petitioner may consider gathering more robust evidence of the impact and recognition of his contributions or seek alternative visa categories better suited to his current documentation and professional circumstances.
This case highlights the stringent requirements and high evidentiary standards necessary to qualify under the EB1 Extraordinary Ability category, underscoring the importance of not only professional achievements but also their recognized impact and acclaim in the relevant field.
