Date of Decision: October 15, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Applications and Performance Engineer
Field: Thermal Power Generation Systems
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The Beneficiary participated as a judge of the work of others in the field, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Authorship of Scholarly Articles: The Beneficiary authored scholarly articles in professional publications, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(vi).
Leading or Critical Role: The Beneficiary served in leading or critical roles for organizations with a distinguished reputation, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
High Salary: The Beneficiary commanded a high salary in relation to others in his field, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(ix).
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed but did not establish that the Beneficiary received lesser nationally or internationally recognized awards, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The Beneficiary’s memberships in associations did not require outstanding achievements judged by recognized experts, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material: The Petitioner submitted materials, but they did not meet the requirements of being professional or major media publications about the Beneficiary, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner did not provide sufficient evidence to demonstrate that the Beneficiary’s contributions were of major significance in the field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide sufficient evidence of awards that meet the required criterion.
Published Materials About the Petitioner:
The materials submitted did not meet the criterion for professional or major media.
Original Contributions of Major Significance:
The Beneficiary’s contributions, while significant, did not demonstrate major significance in the field.
Participation as a Judge:
The Beneficiary participated as a judge for several technical digests, meeting this criterion.
Membership in Associations:
The Beneficiary’s memberships did not meet the criterion of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The Beneficiary authored several scholarly articles, meeting this criterion.
Leading or Critical Role Performed:
The Beneficiary held critical roles within distinguished organizations, meeting this criterion.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The Beneficiary commanded a high salary compared to others in his field, meeting this criterion.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including recommendation letters, articles, patents, and evidence of high salary. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further review.
Reasoning: The Director did not fully weigh all the evidence submitted in support of the criteria. The final merits determination must consider the totality of the evidence to determine if the Beneficiary has sustained national or international acclaim and is among the small percentage at the very top of his field. The new decision should analyze whether the Petitioner has demonstrated the Beneficiary’s extraordinary ability by a preponderance of the evidence.
Next Steps: The Petitioner should provide additional evidence to further support the claims of sustained national or international acclaim and major significance in the field if needed.
