Date of Decision: February 06, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professor and Researcher
Field: Management Information Systems
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: Petitioner has served as a judge of the work of peers in her field, fulfilling one of the evidentiary criteria.
- Authorship of Scholarly Articles: She has authored multiple scholarly articles, demonstrating her influence and contribution to the field.
- Published Material About the Individual: The appeal recognized the petitioner’s substantial presence in major media and professional publications discussing her work.
Criteria Not Met:
- Original Contributions of Major Significance: Initially determined as not met, although detailed specifics were contested and part of the appeal.
- Evidence of High Salary or Remuneration: The decision did not mention meeting this criterion, suggesting it might not have been sufficiently demonstrated.
Key Points from the Decision
- Published Materials About the Petitioner: The petitioner’s work has been extensively covered in major technology publications and on platforms like NPR, establishing her as a recognized figure in her field.
- Appeal Findings: The USCIS Appeals Office concluded that the Director had applied an incorrect standard in evaluating the published materials about the petitioner, leading to a remand of the decision.
Supporting Documentation
- Academic articles authored by the petitioner.
- Interviews and features in major technology publications and media outlets.
- Evaluations and references from peers and academic institutions.
Conclusion
Final Determination: The case has been remanded for a new decision, which will reevaluate the petitioner’s eligibility under the correct standards and a comprehensive review of her contributions and acclaim in the field of management information systems.
Reasoning:
The Appeals Office identified procedural errors in the initial review, particularly in how the evidentiary criteria were assessed, mandating a more thorough and accurate analysis on remand.
Next Steps:
The petitioner is advised to prepare additional evidence that could support the criteria not fully recognized previously and await the new decision from the Nebraska Service Center, hopefully leading to a successful reevaluation of her extraordinary ability status.
This case highlights the complexities and challenges of navigating the EB1 extraordinary ability pathway and underscores the importance of precise documentation and adherence to regulatory standards in USCIS proceedings.
