Date of Decision: January 29, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Senior Exploration Geologist
- Field: Geological Sciences
- Nationality: Ukrainian
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of Scholarly Articles: The Petitioner provided evidence that he authored articles published in academic journals and other professional publications.
- Leading or Critical Role: The Petitioner established that he served in critical roles for his employer’s operations in Ukraine and Oman.
- High Salary or Remuneration: The Petitioner demonstrated that he commands a high salary from his current U.S. employer.
Criteria Not Met:
- Published Materials in Professional Publications or Major Media: The evidence did not establish that the publication about the Petitioner reflected sustained national or international acclaim.
- Original Contributions of Major Significance: The documentation did not sufficiently prove that the Petitioner’s contributions were widely recognized in his field.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner received a company award for his work on the Oman project, but the record did not corroborate claims of broader recognition outside the company.
Published Materials About the Petitioner:
- A profile of the Petitioner appeared in a 2017 book commemorating the history and achievements of his alma mater. However, this book was not considered a major publication with wide distribution.
Original Contributions of Major Significance:
- The Petitioner provided letters and documentation about his projects, but the evidence did not demonstrate that these contributions were recognized as major achievements within the broader field.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- Not applicable.
Authorship of Scholarly Articles:
- The Petitioner’s articles have been published, but there was insufficient evidence to show that these publications significantly impacted the field or garnered wide recognition.
Leading or Critical Role Performed:
- The Petitioner played critical roles in his employer’s operations in Ukraine and Oman, but the evidence did not establish widespread recognition of his contributions.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- The Petitioner’s salary was verified to be high relative to his peers in the same occupation and geographic area.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Letters from Supervisors and Colleagues: Detailed the Petitioner’s roles and contributions to various projects.
- Pay Statements and Salary Data: Confirmed the Petitioner’s high salary.
- Copies of Scholarly Articles: Demonstrated the Petitioner’s publication record.
- Profile in University Commemorative Book: Highlighted the Petitioner’s career but lacked evidence of significant acclaim.
Conclusion
Final Determination: The appeal was dismissed, and the denial was upheld.
Reasoning:
- The Petitioner met three of the ten evidentiary criteria, which allowed for further consideration of the final merits.
- Upon review, it was determined that the evidence did not show sustained national or international acclaim or that the Petitioner was among the small percentage at the very top of his field.
Next Steps:
- The Petitioner may consider gathering more robust evidence of national or international recognition and sustained acclaim if considering reapplying in the future.
- Consulting with an immigration attorney to strengthen the case with additional documentation and expert testimonials might be beneficial.
Download the Full Petition Review Here
