Date of Decision: OCT. 28, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Solution Director
Field: Developing and Designing Computer Algorithms in Supply Chain Manufacturing Processes
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others:
The Petitioner met this criterion by participating as a judge of the work of others in his field.
Criteria Not Met:
Original Contributions of Major Significance:
The Petitioner claimed to have made original contributions of major significance in the field. However, the evidence provided did not sufficiently demonstrate the major significance of these contributions. Letters and technical documents submitted did not show widespread impact or recognition in the field.
Authorship of Scholarly Articles:
The Petitioner waived the appeal on this issue and did not contest the Director’s conclusions regarding authorship of scholarly articles.
Leading or Critical Role for Distinguished Organizations or Establishments:
The Director initially concluded that the Petitioner met this criterion, but upon further review, it was determined that the Petitioner did not establish that he performed in a leading or critical role for organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
The evidence provided included technical details and letters from colleagues asserting the significance of the Petitioner’s work. However, these did not demonstrate that the contributions were of major significance in the field.
Participation as a Judge:
The Petitioner met this criterion by participating as a judge of the work of others in the field.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
The Petitioner did not meet this criterion and waived the appeal on this issue.
Leading or Critical Role Performed:
The Petitioner did not sufficiently demonstrate that he performed in a leading or critical role for distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Letters from colleagues and industry officials
- Technical documents and project descriptions
- Contracts and licenses related to the Petitioner’s work
- IRS Form 6765, Credit for Increasing Research Activities
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten lesser criteria. The evidence provided did not support the claim that the Petitioner has achieved sustained national or international acclaim or demonstrated a career of acclaimed work in the field.
Next Steps: The Petitioner may consider reapplying with additional evidence or seeking other visa classifications that may be more suitable.
