Date of Decision: November 14, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Researcher
Field: Research and Development
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner sought to demonstrate eligibility under 8 C.F.R. § 204.5(h)(3) by satisfying at least three of the ten regulatory criteria. While the Director initially determined that the petitioner met three criteria, the appeal was ultimately dismissed due to insufficient evidence of sustained national or international acclaim and intent to continue work in the U.S.
Criteria Evaluated:
- Original Contributions of Major Significance in the Field:
- The petitioner claimed original contributions but failed to provide compelling evidence of field-wide impact or major recognition.
- Intent to Continue Work in the U.S.:
- The petitioner’s statement listing U.S. research institutions where he intended to work lacked corroborating evidence, such as contracts, job offers, or detailed plans.
- Final Merits Determination:
- While the petitioner satisfied three criteria, the AAO found that the totality of evidence did not establish sustained acclaim or demonstrate that he had risen to the very top of his field.
Key Points from the Decision
Intent to Work in the U.S.:
- The petitioner failed to provide detailed plans or evidence of pre-arranged commitments, as required by 8 C.F.R. § 204.5(h)(5).
Final Merits Determination:
- The petitioner’s achievements, though notable, did not meet the threshold for extraordinary ability as defined by the USCIS regulations.
Appeal Grounds Waived:
- The petitioner did not contest the Director’s finding regarding intent to continue work in the U.S., which was deemed dispositive.
Supporting Documentation
Original Contributions Evidence: Letters of support and research summaries lacking field-wide recognition.
Intent Evidence: General statements of prospective employment without corroborating evidence.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner failed to demonstrate sustained national or international acclaim, intent to work in the U.S., and eligibility under the EB-1 classification.
