Date of Decision: August 09, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Social Worker
Field: Social Work
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None.
Criteria Not Met:
- Authorship of Scholarly Articles: The petitioner submitted two manuscripts listing him as an author; however, these were not published in professional or major trade publications at the time the petition was filed.
- Leading or Critical Role: Documentation about the formation and status of an organization was provided, but it did not establish the organization’s distinguished reputation.
- Membership in Associations: The petitioner’s membership in an academic honor society and recognition as an outstanding graduate student were noted but did not meet the required criteria for national or international recognition.
Key Points from the Decision
Awards and Prizes Won
The petitioner did not receive a major, internationally recognized award.
Published Materials About the Petitioner
No sufficient evidence was provided showing that the petitioner was featured in professional or major trade publications.
Original Contributions of Major Significance
There was no compelling evidence of original contributions that were of major significance in the field of social work.
Participation as a Judge
No evidence was presented showing the petitioner’s participation as a judge of the work of others in the field.
Membership in Associations
The petitioner’s membership in an academic honor society and recognition as an outstanding graduate student were noted but did not meet the criteria for demonstrating extraordinary ability.
Authorship of Scholarly Articles
The submitted manuscripts were not published in major trade publications at the time the petition was filed.
Leading or Critical Role Performed
Documentation about the formation and status of an organization was provided, but it did not establish the organization’s distinguished reputation.
Artistic Exhibitions or Showcases
Not applicable.
Evidence of High Salary or Remuneration
Not applicable.
Commercial Successes in the Performing Arts
Not applicable.
Supporting Documentation
- Manuscripts: Two scholarly manuscripts listing the petitioner as an author, which were not published in major trade publications.
- Organizational Documentation: Information about the formation and tax-exempt status of an organization, lacking evidence of its distinguished reputation.
- Membership and Awards: Membership in an academic honor society and recognition as an outstanding graduate student.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to meet the initial evidence requirement of satisfying at least three of the ten regulatory criteria for demonstrating extraordinary ability. Consequently, the petitioner does not qualify for the EB1 classification as an individual of extraordinary ability.
Next Steps: The petitioner may consider gathering more substantial evidence meeting the required criteria before reapplying or exploring other visa options.
