Date of Decision: July 07, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Product Manager
Field: Cloud Computing
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role: The petitioner was recognized for his roles in significant projects within his organization.
High Salary: The petitioner’s compensation was higher relative to others in the same field, meeting the high salary criterion.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner’s contributions, though involved, were not deemed to have major significance in the field of cloud computing as a whole.
Membership in Associations: While the petitioner was a senior member of the IEEE, it was determined that the membership did not require recognition of outstanding achievements by national or international experts.
Participation as a Judge: The petitioner did not contest the conclusion that he did not meet the judging criterion, and it was deemed waived.
Key Points from the Decision
Awards and Prizes Won:
Not applicable as no major internationally recognized awards were cited.
Published Materials About the Petitioner:
The petitioner’s involvement in cloud computing was documented through press releases and news articles, but these did not attribute significant recognition to him directly.
Original Contributions of Major Significance:
The petitioner’s contributions were recognized within his company but were not seen as influential or broadly recognized in the wider field of cloud computing.
Participation as a Judge:
The judging criterion was not met, and no further analysis was provided as the issue was waived by the petitioner.
Membership in Associations:
While the petitioner was involved with IEEE, the association’s criteria did not align with the requirements for demonstrating extraordinary ability under USCIS standards.
Authorship of scholarly articles:
Not mentioned in the appeal documents.
Leading or critical role performed:
Confirmed, with documents supporting the petitioner’s significant role in his organization.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
The high salary criterion was met, but other aspects such as artistic exhibitions were not applicable.
Supporting Documentation
Employment certifications, salary surveys, IEEE membership documents, and project documentation were included but deemed insufficient to meet the extraordinary ability criteria.
Conclusion
Final Determination: The petitioner’s appeal was denied as he failed to demonstrate that he met the necessary criteria for classification as an individual of extraordinary ability.
Reasoning: The USCIS concluded that while the petitioner met certain individual criteria, the totality of evidence did not demonstrate the sustained national or international acclaim required, nor did it place him at the top of his field.
Next Steps: The petitioner may consider gathering more compelling evidence of his impact and recognition in the field or explore other visa categories more aligned with his achievements and current career stage.
