Date of Decision: APR. 30, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Electrical Engineer and Project Manager
Field: Electrical Engineering
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the work of others: The Beneficiary has judged the work of others by conducting reviews of professional engineering continuing education courses.
Published scholarly articles: Published scholarly articles in the Electrical Construction & Maintenance Journal and PE Magazine.
High salary: Evidence from the U.S. Bureau of Labor Statistics confirmed a high salary in comparison to peers in the field.
Criteria Not Met:
Awards: Beneficiary’s awards were not considered as contributing to national or international acclaim because they were limited to students and early career professionals.
Key Points from the Decision
Awards and Prizes Won:
The Beneficiary’s awards were deemed insufficient as they did not result in national or international acclaim. The awards were state-specific or from organizations not providing the required level of prominence.
Published Materials About the Petitioner:
Two scholarly articles were noted but were not deemed sufficient to demonstrate sustained national or international acclaim necessary for the classification sought.
Original Contributions of Major Significance:
Contributions to projects and designs in the field were acknowledged, but there was no evidence that these resulted in national or international acclaim.
Participation as a Judge:
Beneficiary’s participation in judging was recognized but was only a minor component of the overall criteria.
Authorship of scholarly articles:
Beneficiary had published articles, but the quantity and impact were not enough to fulfill the extraordinary ability criteria.
Leading or critical role performed:
Although the Beneficiary held significant roles in projects, these were not considered as evidence of rising to the very top of the field.
Evidence of High Salary or Remuneration:
High salary was proven but alone was not sufficient to demonstrate that the Beneficiary is at the top of his field.
Supporting Documentation
- Engineering project reviews
- Scholarly articles published
- Salary documentation from the U.S. Bureau of Labor Statistics
- Letters of recommendation from professional peers
Conclusion
Final Determination: The appeal to classify the Beneficiary as an individual of extraordinary ability in the field of electrical engineering is dismissed.
Reasoning:
The evidence provided did not sufficiently demonstrate that the Beneficiary has sustained national or international acclaim or that his achievements are recognized extensively in his field.
Next Steps:
Further documentation demonstrating national or international acclaim, as well as a broader impact of contributions, might be necessary for a successful appeal or reapplication.
