EB-1 Extraordinary Ability USCIS Appeal Review – Professor – MAR062023_01B2203

Date of Decision: March 6, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Professor
Field: English Language Education
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Participation as a Judge: The petitioner participated as a judge of the work of others in the same or allied field.
2. Authorship of Scholarly Articles: The petitioner authored numerous scholarly articles in the field of education, which were published in professional publications.

Criteria Not Met:

1. Leading or Critical Role: The petitioner did not sufficiently demonstrate that her role as a coordinator for the English Language Pathways program at her college constituted a leading or critical role for the overall organization.

Key Points from the Decision

Awards and Prizes Won:

• The petitioner received the Excellence in Teaching Award from her college in 2022 and was nominated for the community college system’s excellence in teaching award.

Published Materials About the Petitioner:

• The petitioner’s articles were published in books by an imprint of the higher colleges of technology. However, it was not established that these publications are considered major trade publications or other major media.

Original Contributions of Major Significance:

• Not applicable as the petitioner did not meet the criteria for demonstrating original contributions of major significance.

Participation as a Judge:

• The petitioner met this criterion by serving as a judge of the work of others in her field.

Membership in Associations:

• Not specified in the decision.

Authorship of Scholarly Articles:

• The petitioner authored scholarly articles that were published in professional publications, satisfying one of the required criteria.

Leading or Critical Role:

• The evidence provided did not sufficiently demonstrate that the petitioner performed in a leading or critical role for distinguished organizations or establishments. The petitioner’s role was primarily supportive of specific tasks or projects rather than critical to the organization’s overall success.

Artistic Exhibitions or Showcases:

• Not applicable.

Evidence of High Salary or Remuneration:

• Not applicable.

Commercial Successes in the Performing Arts:

• Not applicable.

Supporting Documentation

• Letter from the Director of English for Academic Purposes and Continuing Education: Attested to the petitioner’s role and contributions, but lacked specific examples of how these contributions were critical to the organization.
• Copies of Scholarly Articles: Demonstrated the petitioner’s authorship in professional publications.

Conclusion

Final Determination: The appeal was dismissed as the petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten lesser criteria.

Reasoning:

• The petitioner did not sufficiently establish her role as critical or leading within the organization.
• The petitioner did not demonstrate that her published articles were in major trade publications or other major media.
• The evidence did not support the petitioner’s claims of sustained national or international acclaim.

Next Steps:

• The petitioner may consider gathering additional evidence to better demonstrate her qualifications.
• Consultation with an immigration attorney for further guidance and possible re-application could be beneficial.

Download the Full Petition Review Here.