Date of Decision: January 24, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Software Developer and Financial Analyst
Field: Financial Technology and Software Development
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role:
The Petitioner served as the vice president of application development and a collateralized loan obligation (CLO) specialist at a hedge fund. The evidence showed that this role was significant and recognized within the field.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards:
The Petitioner’s awards, including the CFA Charter and other certifications, were not deemed sufficient as nationally or internationally recognized prizes for excellence.
Membership in associations requiring outstanding achievements:
The Petitioner’s CFA Charter was not recognized as membership in an association requiring outstanding achievements judged by recognized experts.
Published material about the individual:
The submitted material, including a blog post, did not qualify as published material about the Petitioner in major media or professional trade publications.
High remuneration for services:
Although the Petitioner documented his salary, he did not provide sufficient comparative evidence to demonstrate that his remuneration was significantly high in relation to others in his field.
Key Points from the Decision
Awards and Prizes Won:
- The CFA Charter and other awards were not considered lesser nationally or internationally recognized prizes for excellence.
Published Materials About the Petitioner:
- The submitted blog post did not meet the criteria for published material about the Petitioner in professional or major media.
Original Contributions of Major Significance:
- The analysis of original contributions was reserved as the Petitioner did not meet the initial three criteria required.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- The CFA Charter was not recognized as a qualifying membership in an association requiring outstanding achievements.
Authorship of Scholarly Articles:
- Not applicable.
Leading or Critical Role Performed:
- The Petitioner’s role as vice president and CLO specialist was recognized as significant within the field.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- The documented salary was not sufficiently compared to others in the field to meet the criterion.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- CFA Charter: Not recognized as a qualifying membership or award.
- Blog Post: Did not qualify as published material about the Petitioner.
- Salary Documentation: Insufficient comparative evidence provided.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or at least three of the ten alternate criteria. The documentation provided did not demonstrate the required sustained national or international acclaim or recognition at the very top of the field.
Next Steps: It is recommended that the Petitioner reviews the decision and considers submitting additional evidence or reapplying if more substantial documentation can be provided to meet the criteria.
