Date of Decision: August 7, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Strategic Port Planner
Field: Maritime and Civil Infrastructure Development
Nationality: Australia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role: The petitioner demonstrated a leading or critical role in high-profile port planning projects, substantiated by detailed descriptions of his involvement and responsibilities.
High Salary or Remuneration: Documented evidence shows that the petitioner’s salary and remuneration significantly exceeded the upper quartile for civil engineers both in the U.S. and Australia, establishing his top-tier status in the field.
Criteria Not Met:
Membership in Associations: The petitioner failed to demonstrate that his memberships required outstanding achievements judged by recognized national or international experts.
Published Material About the Petitioner: The materials provided were either not solely about the petitioner or did not meet the publication standards required.
Original Contributions of Major Significance: The evidence did not conclusively show that the petitioner’s contributions had a significant impact on the field as a whole.
Key Points from the Decision
Awards and Prizes Won:
No specific awards or prizes were discussed in the decision.
Published Materials About the Petitioner:
The petitioner was mentioned in various articles, but the references were insufficient to satisfy the criterion of being the focus of published material in major media.
Original Contributions of Major Significance:
The petitioner’s contributions, while noted within specific projects, did not demonstrate a broad impact on the field necessary to meet the criterion of major significance.
Participation as a Judge:
Not applicable.
Membership in Associations:
The evidence provided did not support the claim of required outstanding achievements for membership.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
The petitioner provided evidence of his critical role in significant projects, but the overall impact was seen as insufficient to meet the high standards of the criterion.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The petitioner’s salary significantly exceeded average wages in his field, satisfying this criterion.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided various documents including employment offers, salary statements, professional evaluations, and membership invoices, which supported some criteria but were insufficient for others.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet at least three of the necessary criteria to qualify as an individual of extraordinary ability under EB-1 classification.
Reasoning: The decision emphasized the lack of broad, significant impact of the petitioner’s contributions to the field and insufficient evidence in some criteria.
Next Steps: The petitioner may consider gathering more substantial evidence or exploring other visa categories more aligned with his demonstrated qualifications.
