Date of Decision: November 20, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Researcher and Econometrician
Field: Statistics and Econometrics
Nationality: Nigerian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The Petitioner served as a thesis examiner.
Scholarly Articles: The Petitioner authored scholarly articles in professional publications.
Criteria Not Met:
Membership in Associations: The Petitioner did not demonstrate that membership in professional associations required outstanding achievements judged by recognized experts.
Original Contributions: The Petitioner did not establish that his contributions were of major significance in the field. His citation counts and conference participation did not suffice to demonstrate major significance.
Evidence of High Salary or Remuneration: Not applicable in this case.
Key Points from the Decision
Awards and Prizes Won:
Not applicable. The Petitioner did not present evidence of any major, internationally recognized awards.
Published Materials About the Petitioner:
Not applicable. The decision did not highlight specific published materials about the Petitioner.
Original Contributions of Major Significance:
The Petitioner’s citations and reference letters did not establish his contributions as being of major significance in the field.
Participation as a Judge:
The Petitioner served as a thesis examiner, which was recognized as meeting one of the evidentiary criteria.
Membership in Associations:
The Petitioner was a member of several associations, but did not show that membership required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The Petitioner authored scholarly articles, fulfilling one of the required criteria.
Leading or Critical Role Performed:
Not applicable. The Petitioner did not provide evidence of performing a leading or critical role in an organization with a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable. This criterion was not relevant to the Petitioner’s field.
Evidence of High Salary or Remuneration:
Not applicable. The Petitioner did not provide evidence to meet this criterion.
Commercial Successes in the Performing Arts:
Not applicable. This criterion was not relevant to the Petitioner’s field.
Supporting Documentation
- ASA Membership Documentation: Provided screenshots and constitution but failed to demonstrate outstanding achievements as a membership requirement.
- IBS Membership Documentation: Provided screenshots highlighting membership benefits but did not establish outstanding achievements as a requirement.
- NSS Participation Certificate: Provided but did not show actual membership or outstanding achievements required for membership.
- Reference Letters: Eight letters submitted, but they did not sufficiently detail how the Petitioner’s contributions were of major significance.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidentiary criteria of either a one-time major achievement or documentation meeting at least three of the ten alternate criteria. Additionally, the Petitioner’s submitted evidence did not demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field.
Next Steps: The Petitioner may consider gathering more substantial evidence of his achievements and contributions or seeking alternative immigration options.
