Date of Decision: DEC. 19, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Mobile Applications Developer
Field: Chronic Care Management Products and Services
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None of the criteria were met as per the USCIS decision.
Criteria Not Met:
1. Membership in associations in the field:
The petitioner asserted that the beneficiary was associated with several prestigious healthcare groups. However, the USCIS noted that membership was attributed to the petitioner and not the beneficiary directly, and there was no evidence that these associations required outstanding achievements judged by recognized experts.
2. Published material about the alien:
Articles provided were about the petitioner’s company and products rather than specifically about the beneficiary. Therefore, the criterion for published material relating to the beneficiary’s work was not met.
3. Participation as a judge of others’ work:
The petitioner claimed that the beneficiary served on panels judging technological innovations. However, no corroborative evidence such as correspondence or official materials confirming the beneficiary’s role as a judge was provided.
4. Display of work at artistic exhibitions or showcases:
The petitioner mentioned that the beneficiary’s work was displayed at various conferences and conventions. Nonetheless, the USCIS found these events to be commercial rather than artistic in nature and lacked specific evidence of the beneficiary’s work being showcased.
5. Commanding a high salary or other significantly high remuneration:
The petitioner failed to provide verifiable financial documentation of the beneficiary’s earnings or evidence to establish that his salary was significantly higher than others in the same field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable; no evidence provided or discussed.
Published Materials About the Petitioner:
The USCIS noted that the articles provided were primarily about the petitioner’s company and not specifically about the beneficiary’s achievements.
Original Contributions of Major Significance:
Not evaluated; the initial evidentiary criteria were not met.
Participation as a Judge:
The USCIS highlighted the lack of evidence confirming the beneficiary’s participation as a judge in the field.
Membership in Associations:
The membership claimed was for the petitioner’s company, not the beneficiary, and did not meet the criterion’s requirements.
Authorship of Scholarly Articles:
Not evaluated; the initial evidentiary criteria were not met.
Leading or Critical Role Performed:
Not evaluated; the initial evidentiary criteria were not met.
Artistic Exhibitions or Showcases:
The evidence did not demonstrate that the beneficiary’s work was displayed at artistic exhibitions, as required by the criterion.
Evidence of High Salary or Remuneration:
The financial documentation provided was insufficient to establish the beneficiary’s high salary compared to others in the field.
Commercial Successes in the Performing Arts:
Not applicable; no evidence provided or discussed.
Supporting Documentation
- Articles from www.hughhuffaker.com and www.thesiliconreview.com: Focused on the petitioner’s business activities, not specifically on the beneficiary.
- Paystubs and Financial Documentation: Allegedly demonstrated a high salary, but were not included in the submitted evidence.
- Conference Participation Evidence: Showed the petitioner’s involvement in events, but lacked proof of the beneficiary’s work being displayed.
Conclusion
Final Determination:
The appeal was dismissed because the petitioner did not provide sufficient evidence to meet at least three of the ten regulatory criteria for EB1 Extraordinary Ability.
Reasoning:
The evidence presented did not demonstrate that the beneficiary achieved sustained national or international acclaim or that he is among the small percentage who have risen to the very top of the field.
Next Steps:
- The petitioner may consider gathering more substantial and specific evidence directly related to the beneficiary’s achievements.
- If eligible, the petitioner might explore other visa classifications or reapply with a stronger evidentiary record.
