Date of Decision: February 15, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Technical Staff Member
Field: Solid-State Memory Storage Devices
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a judge of the work of others – The Beneficiary served as a reviewer of manuscripts for conferences and professional publications, such as the [conference and journal names].
Authorship of scholarly articles – The Beneficiary authored articles published in conferences and professional journals, such as the [journal names].
Criteria Not Met:
Receipt of lesser nationally or internationally recognized prizes or awards – The Beneficiary received a bronze prize in the software verification competition at the [conference name], which is not established as a nationally or internationally recognized award for excellence.
Original contributions of major significance – Although the Beneficiary developed software verification tools and published scholarly articles, the evidence does not demonstrate that her contributions have been of major significance in the field.
High salary or other significantly high remuneration – The Beneficiary’s salary, though above the median for senior software engineers, does not meet the criterion of a high salary in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Beneficiary’s award at the [conference name] is not recognized as nationally or internationally significant.
Key quotes or references: “The record does not sufficiently establish that third place in the category of the software verification competition within this conference is a nationally or internationally recognized prize for excellence in the field.”
Published Materials About the Petitioner:
Summary of findings: The Beneficiary has published articles in leading journals and conferences.
Key quotes or references: “The Beneficiary authored articles that were published in conferences and professional journals, such as the [journal names].”
Original Contributions of Major Significance:
Summary of findings: The Beneficiary’s contributions, including the development of software verification tools, are not demonstrated to be of major significance.
Key quotes or references: “The Petitioner has not shown through the Beneficiary’s citation history or other evidence that her work, once published or presented, has been of major significance in the field.”
Participation as a Judge:
Summary of findings: The Beneficiary has participated as a judge of the work of others in her field.
Key quotes or references: “The record indicated that she served as a reviewer of manuscripts for conferences and professional publications.”
Membership in Associations:
Summary of findings: Not specified.
Authorship of scholarly articles:
Summary of findings: The Beneficiary has authored articles published in professional journals and conferences.
Key quotes or references: “The Beneficiary authored articles that were published in conferences and professional journals, such as the [journal names].”
Leading or critical role performed:
Summary of findings: Not specified.
Artistic Exhibitions or Showcases:
Summary of findings: Not specified.
Evidence of High Salary or Remuneration:
Summary of findings: The Beneficiary’s salary does not meet the criterion of a high salary in relation to others in the field.
Key quotes or references: “The Petitioner has not sufficiently established which, if either, provides an accurate basis for comparison with the Beneficiary’s position.”
Commercial successes in the Performing Arts:
Summary of findings: Not applicable.
Supporting Documentation
None
Conclusion
Final Determination: Appeal dismissed
Reasoning: The Petitioner has not demonstrated that the Beneficiary meets at least three of the ten criteria for extraordinary ability. The evidence provided does not support the claim of the Beneficiary’s major significance in the field.
Next Steps: The Petitioner may consider gathering additional evidence or seeking alternative visa options that better match the Beneficiary’s qualifications.
