Date of Decision: August 25, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Patent Agent
Field: Patent Law and Research
Nationality: [Not Provided in Document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner reviewed papers for journals, meeting this criterion.
Authorship of Scholarly Articles: The petitioner authored scholarly articles in professional publications, fulfilling this criterion.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner claimed that publishing numerous original research contributions in high-impact journals indicated major significance. However, the evidence provided did not demonstrate that these contributions had a significant impact on the field.
Leading or Critical Role: The petitioner argued that he performed in a leading role at various organizations. However, the evidence did not demonstrate that these roles were leading or critical for the organizations’ overall success.
High Salary or Remuneration: The petitioner provided salary evidence but did not demonstrate that his salary was significantly high in relation to others in his field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable, as no specific awards or prizes were discussed.
Published Materials About the Petitioner:
Not applicable, as there were no mentions of published materials about the petitioner.
Original Contributions of Major Significance:
The petitioner argued that his publications in high-impact journals and citations demonstrated major significance. However, the petitioner did not provide sufficient evidence to show that these contributions had been widely implemented or significantly impacted the field. The letters of recommendation discussed the potential impact of his work rather than its actual influence on the field.
Participation as a Judge:
The petitioner successfully demonstrated his role in reviewing and judging the work of others through his editorial positions and review activities for professional journals.
Membership in Associations:
Not applicable, as no membership in associations was discussed.
Authorship of Scholarly Articles:
The petitioner provided evidence of authoring scholarly articles published in professional journals, meeting this criterion.
Leading or Critical Role Performed:
The petitioner’s roles in various organizations were significant, but the evidence did not demonstrate that these roles were leading or critical for the organizations’ overall success.
Artistic Exhibitions or Showcases:
Not applicable, as the petitioner’s field does not involve artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner provided salary evidence but did not show that his salary was significantly high relative to others in his field.
Commercial Successes in the Performing Arts:
Not applicable, as the petitioner’s field does not involve commercial successes in the performing arts.
Supporting Documentation
Reference Letters: Provided letters from professionals recognizing the petitioner’s roles and contributions. However, these letters were insufficient to establish the petitioner’s eligibility under the claimed criteria.
Published Articles: Included evidence of scholarly articles published in professional journals.
Salary Documents: Included salary information but did not offer a reliable basis for comparison to others in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidentiary criteria and failed to demonstrate sustained national or international acclaim or recognition in his field. The evidence provided was found to be insufficient to establish his eligibility for the EB1 classification.
Next Steps: The petitioner may consider gathering more comprehensive and corroborative evidence to support his claims, focusing on independent recognition and demonstrating how his work has had a significant impact on his field.
