Date of Decision: October 06, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Licensed Professional Engineer
Field: Engineering
Nationality: China
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Authorship of scholarly articles in professional journals
Description: The Petitioner has published scholarly articles in professional publications in his field.
Criteria Not Met:
Criterion 1: Lesser nationally or internationally recognized awards or prizes for excellence in the field of endeavor
Description: The Petitioner participated in a graduate-level college competition but did not demonstrate that the award was nationally or internationally recognized for excellence in his field.
Criterion 2: Membership in associations that require outstanding achievements
Description: The Petitioner’s membership in ASM International’s committee did not demonstrate that admission was based on outstanding achievements judged by recognized experts.
Criterion 3: Participation as a judge of the work of others in the same or an allied field of specialization
Description: The Petitioner did not provide sufficient evidence to demonstrate that his role in the ASM committee involved judging the work of others.
Criterion 4: Display of work in artistic exhibitions or showcases
Description: The Petitioner presented his work at scientific conferences, which do not qualify as artistic exhibitions or showcases.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s awards were related to a graduate-level competition that did not meet the standards for national or international recognition in his field.
Published Materials About the Petitioner:
No significant published materials were cited that demonstrated national or international recognition.
Original Contributions of Major Significance:
The evidence provided did not establish the Petitioner’s work as having a major significance in the field of engineering.
Participation as a Judge:
The Petitioner’s participation in committee meetings did not clearly demonstrate a role in judging the work of others.
Membership in Associations:
The Petitioner’s memberships were not proven to be based on outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The Petitioner met this criterion by publishing scholarly articles in professional journals.
Leading or Critical Role Performed:
The Petitioner’s claims regarding a leading or critical role were not addressed as the primary criteria were not met.
Artistic Exhibitions or Showcases:
The Petitioner’s work presented at scientific conferences did not qualify under this criterion.
Evidence of High Salary or Remuneration:
Not addressed in the document.
Commercial Successes in the Performing Arts:
Not addressed in the document.
Supporting Documentation
- Graduate-Level College Competition: Participation and award in a challenge organized by the university, but did not meet criteria for national or international recognition.
- Membership in ASM International Committee: Documentation of committee membership, but did not establish outstanding achievements.
- Judging Activities: Meeting minutes and other evidence did not sufficiently document a role in judging the work of others.
- Conference Presentations: Evidence of presentations at scientific conferences, not qualifying as artistic showcases.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The Petitioner did not provide sufficient evidence to meet at least three of the ten criteria required for classification as an individual of extraordinary ability. The evidence provided did not demonstrate sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of his field.
Next Steps: The Petitioner may consider providing additional evidence or addressing the specific deficiencies noted in the decision if considering further action.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 22645032
OCT062022_01B2203
