Date of Decision: March 23, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Software Consultant
Field: Business Supply Chain Improvement with ERP Software
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of Scholarly Articles:
- The petitioner demonstrated authorship of scholarly articles about ERP software and business supply chain processes.
- Participation as a Judge of Others’ Work:
- The petitioner established his participation as a judge of others’ work in the field.
Criteria Not Met:
- Membership in Associations Requiring Outstanding Achievements:
- Evidence did not establish the petitioner’s membership in the Royal Academy of Engineers or any other association at the time of the petition’s filing. The petitioner failed to demonstrate that these memberships required recognized national or international experts to judge his achievements as outstanding.
- Performance in Leading or Critical Roles:
- Letters from employers lacked sufficient detail to explain the petitioner’s leading or critical roles. Similarities between letters cast doubt on their authenticity and reliability.
Key Points from the Decision
Awards and Prizes Won:
- Not applicable: The petitioner did not claim or demonstrate receipt of a major, internationally recognized award.
Published Materials About the Petitioner:
- Not applicable: No significant published materials about the petitioner were cited.
Original Contributions of Major Significance:
- Not applicable: No evidence of original contributions of major significance was provided.
Participation as a Judge:
- The petitioner established participation as a judge of others’ work in the field of ERP software and business supply chain processes.
Membership in Associations:
- The petitioner failed to demonstrate membership in associations that require outstanding achievements judged by recognized experts at the time of filing.
Authorship of Scholarly Articles:
- The petitioner demonstrated authorship of scholarly articles in the field.
Leading or Critical Role Performed:
- The petitioner did not sufficiently demonstrate that he performed in leading or critical roles for organizations with distinguished reputations.
Artistic Exhibitions or Showcases:
- Not applicable: No evidence provided.
Evidence of High Salary or Remuneration:
- Not applicable: No evidence provided.
Commercial Successes in the Performing Arts:
- Not applicable: No evidence provided.
Supporting Documentation
- Scholarly Articles:
- Documented articles about ERP software and business supply chain processes.
- Judging Participation:
- Evidence of participation as a judge in the field.
- Association Memberships:
- Insufficient and unreliable evidence regarding membership in prestigious associations.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
- The petitioner did not meet the required three evidentiary criteria necessary for classification as a noncitizen of extraordinary ability.
- The evidence submitted did not demonstrate that the petitioner’s achievements were judged by recognized national or international experts to be outstanding.
Next Steps:
- The petitioner should consider gathering more substantial evidence that meets the criteria for extraordinary ability and consult with an immigration attorney for guidance on reapplying or exploring other visa options.
