Date of Decision: March 1, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Packaging Engineer
- Field: Pharmaceutical Packaging
- Nationality: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner contributed to judging and advancing innovative packaging ideas developed by external entrepreneurs and startup business communities.
- Original Contributions of Major Significance: The petitioner designed a unique plastic alternative to a problematic glass tuberculosis tube endorsed by the World Health Organization (WHO). Additionally, he led the implementation of a new manufacturing platform that was groundbreaking for oral solids packaging.
- Leading or Critical Role: The petitioner played a leading role in several significant projects, including the development and launch of a technology that fundamentally changed production of PET beverage bottles, securing global contracts with companies like Pepsi and Coca-Cola, and solving complex issues related to leaking detergent containers which secured an $80 million per year contract with a major client.
Criteria Not Met:
The Director did not specify criteria not met, but it was concluded that the petitioner did not meet any other criteria beyond those mentioned above.
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance:
- Designed a unique plastic alternative to a problematic glass tuberculosis tube.
- Led the implementation of a groundbreaking manufacturing platform for pharmaceutical packaging.
Participation as a Judge:
- Judged innovative packaging ideas in competitions focused on unmet patient needs, contributing to the advancement of these ideas.
Membership in Associations: Not applicable
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed:
- Played a critical role in the development and launch of a technology that fundamentally changed PET beverage bottle production.
- Solved complex issues related to leaking detergent containers, securing multi-year contracts worth millions of dollars.
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
- Endorsement Letters: Detailed descriptions of the petitioner’s original contributions and critical roles from former colleagues and senior directors at various companies.
- Project Impact Statements: Examples of projects led by the petitioner, showcasing his significant contributions to the field of packaging engineering.
Conclusion
Final Determination: The matter is remanded for further review and entry of a new decision.
Reasoning:
- The petitioner demonstrated eligibility by meeting at least three of the required criteria.
- The Director’s decision was withdrawn due to insufficient analysis of the petitioner’s contributions and roles.
Next Steps:
- A new decision will be made after evaluating the totality of the evidence to determine if the petitioner has demonstrated sustained national or international acclaim and is among the small percentage at the very top of his field of endeavor.
