Date of Decision: July 15, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Quality Assurance Associate
Field: Pharmaceutical Industry
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others: The petitioner demonstrated her participation as a judge of the work of others in her field.
Leading or Critical Role for Distinguished Organizations: The petitioner provided evidence of performing in leading or critical roles for organizations with distinguished reputations.
Criteria Not Met:
High Salary or Other Significantly High Remuneration: The petitioner did not establish that she commanded a high salary or significantly high remuneration in relation to others in her field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving any major or lesser recognized awards for excellence in her field.
Published Materials About the Petitioner:
There was no evidence provided of published material about the petitioner in professional or major trade publications.
Original Contributions of Major Significance:
The petitioner mentioned this criterion but did not provide sufficient evidence or challenge the Director’s conclusion that she did not meet this criterion.
Participation as a Judge:
The petitioner provided evidence of her participation as a judge of the work of others, fulfilling this criterion.
Membership in Associations:
The petitioner’s memberships in associations were not specifically discussed in the decision.
Authorship of Scholarly Articles:
There was no evidence provided of authorship of scholarly articles by the petitioner.
Leading or Critical Role Performed:
The petitioner provided evidence of leading roles in her organization, which was accepted as meeting this criterion.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
The petitioner did not meet the high salary criterion and did not provide evidence for the other criteria.
Supporting Documentation
The petitioner submitted documents including salary information, letters of recommendation, and evidence of her roles as a judge and leader. However, these were insufficient to meet the required criteria for extraordinary ability.
Conclusion
Final Determination:
The petitioner’s appeal was dismissed.
Reasoning:
The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met some criteria, the totality of the evidence did not demonstrate the sustained national or international acclaim required for this classification. Specifically, the petitioner did not establish that her salary was significantly high in comparison to others in her field, which was a key criterion in this case.
Next Steps:
The petitioner may consider gathering more substantial and detailed evidence to support her claims and ensure all filing deadlines are met in future motions or appeals. Exploring other visa categories that align more closely with her achievements and current career stage may also be advisable.
