Date of Decision: March 19, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Software Development Executive and Collateralized Loan (CLO) Specialist
Field: Business and Financial Technology
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Leading or Critical Role for Distinguished Organizations
The petitioner demonstrated that he played a critical role for his current employer by implementing and enhancing a portfolio management analytics and reporting system, which significantly contributed to the firm’s revenue generation in the CLO group.
Criteria Not Met:
Criterion 1: Membership in Associations
The petitioner claimed membership in the CFA Institute as a Chartered Financial Analyst (CFA). However, the evidence did not establish that this membership required outstanding achievements judged by recognized experts in the field.
Criterion 2: Original Contributions of Major Significance
The petitioner identified his original contribution as the implementation and integration of a specialized application for his employer. While the contribution improved internal operations and business growth, it did not demonstrate major significance to the broader field of financial technology.
Criterion 3: High Salary or Remuneration
The petitioner provided salary data, but the evidence did not establish that his salary was significantly high compared to others in his field in similar positions and geographic locations.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide sufficient evidence to demonstrate receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
Published Materials About the Petitioner:
Not applicable in this case.
Original Contributions of Major Significance:
The petitioner claimed contributions to his employer’s internal systems, but the evidence did not sufficiently demonstrate major significance or widespread impact in the field of business and financial technology.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner provided evidence of CFA membership, but it did not meet the standard of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner demonstrated that he held a critical role within his organization, meeting this criterion.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
The petitioner did not provide sufficient evidence to demonstrate a high salary relative to others in the field.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
Articles and Publications: Various articles and publications about the petitioner’s work.
Letters of Reference: Letters from colleagues and associates detailing the petitioner’s contributions and roles.
Salary Information: Comparative salary data and IRS Forms W-2.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the required criteria for demonstrating extraordinary ability. While the petitioner demonstrated a critical role within his organization, the evidence provided did not establish the major significance of his contributions to the field of financial technology. The petitioner did not show that his professional accomplishments placed him among the small percentage at the very top of his field. Additionally, the petitioner did not provide evidence of sustained national or international acclaim required for the classification sought.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on contributions with demonstrated major significance, awards with national or international recognition, and other achievements that demonstrate standing at the top of the field. Exploring other immigration options that may be more suitable given the evidence available is also recommended.
