Date of Decision: SEPT. 11, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Vice President of Marketing and Solution/Product Management
Field: Energy and Power Management
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Scholarly Articles:
The Beneficiary authored scholarly articles in professional publications. This was recognized as fulfilling the scholarly articles criterion under 8 C.F.R. § 204.5(h)(3)(vi).
Leading or Critical Role:
The Beneficiary performed in a leading or critical role for an organization with a distinguished reputation, meeting the leading or critical role criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Criteria Not Met:
High Salary:
Although the Director initially found that the Beneficiary’s salary was high, this decision was later withdrawn due to insufficient evidence comparing the Beneficiary’s salary to others in similar senior positions within the field.
Original Contributions of Major Significance:
The evidence provided, including patents and recommendation letters, did not sufficiently demonstrate that the Beneficiary’s contributions had significantly impacted or influenced the field on a major scale.
Key Points from the Decision
Original Contributions of Major Significance:
The Beneficiary’s patent and contributions to the smart grid and automation deployment were acknowledged but not deemed of major significance due to lack of detailed evidence showing a substantial impact on the field.
High Salary or Remuneration:
The evidence did not adequately demonstrate that the Beneficiary’s salary was significantly high compared to others in senior positions in the field of energy and power management.
Supporting Documentation
- Scholarly Articles: Copies of professional publications authored by the Beneficiary.
- Recommendation Letters: Letters from professionals in the field recognizing the Beneficiary’s contributions and roles.
- Patents: Documentation of patents held by the Beneficiary related to energy management.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The evidence provided did not sufficiently demonstrate that the Beneficiary’s achievements met the high standard required for the EB1 Extraordinary Ability classification. The Beneficiary did not fulfill the necessary criteria to show sustained national or international acclaim and recognition at the very top of the field.
Next Steps: It is recommended that the Petitioner gathers more substantial and specific evidence to support claims of extraordinary ability, particularly focusing on demonstrating the significant impact of the Beneficiary’s contributions and comparing salary data within the appropriate context.
