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: Application Development and Financial Analysis
Nationality: Peru
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Leading or Critical Role: The Petitioner demonstrated that he performed in a leading or critical role for distinguished organizations, specifically as a vice president of application development and a CLO specialist at a hedge fund.
Criteria Not Met:
- Membership in Associations: The Petitioner claimed membership in the CFA Institute. However, the CFA charter is a credential earned through exams and not a membership in an association that requires outstanding achievements judged by recognized national or international experts.
- Lesser Awards: The Petitioner cited awards such as the CFA charter, an Options Award for “Outstanding Achievement by a Loan Specialty Technologist in the CLO Space,” a “Certificate of Excellence” from Microsoft, and a “5-Year Milestone” award from the CFA Institute. These were not substantiated as nationally or internationally recognized for excellence in the field.
- Published Material: The Petitioner provided a blog post from a conference organizer’s website, which did not qualify as professional or major trade publications or other major media, nor was it specifically about the Petitioner’s work.
- High Remuneration: The Petitioner presented his salary as evidence of high remuneration but failed to provide a consistent basis for comparison within his dual fields of software development and financial analysis.
Key Points from the Decision
Awards and Prizes Won
The Petitioner presented various awards but failed to demonstrate that these awards were nationally or internationally recognized for excellence. The CFA charter, in particular, was determined to be a professional credential rather than a prize or award.
Published Materials About the Petitioner
A blog post about a panel discussion did not meet the criteria for published material about the Petitioner in professional or major trade publications or other major media.
Original Contributions of Major Significance
This criterion was initially claimed but not pursued on appeal.
Participation as a Judge
No evidence of participation as a judge was provided.
Membership in Associations
The CFA charter was not deemed a qualifying membership, as it is a credential earned through exams rather than an association membership requiring outstanding achievements.
Authorship of Scholarly Articles
No evidence of authorship of scholarly articles was provided.
Leading or Critical Role Performed
The Petitioner demonstrated a leading role in his current position at a hedge fund.
Artistic Exhibitions or Showcases
Not applicable to this case.
Evidence of High Salary or Remuneration
The Petitioner provided salary information but failed to establish a consistent basis for comparison within his fields.
Commercial Successes in the Performing Arts
Not applicable to this case.
Supporting Documentation
- CFA Charter: Provided but not considered a qualifying membership or award.
- Awards and Certificates: Presented but not demonstrated as nationally or internationally recognized.
- Blog Post: Provided but not meeting the criteria for published material about the Petitioner.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner failed to meet the initial evidence requirements of demonstrating extraordinary ability through certified documentation. The submitted evidence did not sufficiently demonstrate sustained national or international acclaim.
Next Steps: The Petitioner may consider reapplying with properly certified translations and more robust documentation to meet the required evidentiary criteria.
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