Date of Decision: August 14, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Technology Engineer and Entrepreneur
Field: Technology, specifically AI and Self-Driving Vehicles
Nationality: [Nationality Not Provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Published Material about the Petitioner and His Work: The petitioner was featured in professional or major trade publications, as well as other major media. This recognition highlights his contributions and influence in his field.
- Original Contributions of Major Significance: The petitioner demonstrated original contributions to the technology field, particularly in natural language processing technology and AI, through endorsement letters, patent applications, and articles.
- Leading or Critical Role: The petitioner has played leading and critical roles in companies with distinguished reputations. This includes his significant involvement in companies focused on AI and self-driving vehicles, as evidenced by letters of endorsement and articles.
Criteria Not Met:
The document does not provide specific details on which criteria were not met beyond the initially stated criteria by the Director. However, it indicates that the petitioner did not initially establish meeting the criteria at 8 C.F.R. § 204.5(h)(3)(i), (ii), (v), (viii), and (ix).
Key Points from the Decision
Awards and Prizes Won: Not applicable in this case.
Published Materials About the Petitioner:
- The petitioner has been featured in major media, underscoring his influence and recognition in the technology sector.
Original Contributions of Major Significance:
- The petitioner’s work in AI and self-driving vehicles, particularly in voice recognition and data latency, has been recognized as significantly impactful.
- Endorsement letters and media coverage corroborate the petitioner’s substantial contributions to the field.
Participation as a Judge: Not applicable in this case.
Membership in Associations:
- The petitioner was selected for the Forbes Business Council, highlighting his leadership and expertise.
- Invitations to Harvard Leaders Excellence and Enterprise Island further demonstrate his standing in the technology community.
Authorship of Scholarly Articles: Not detailed in the document.
Leading or Critical Role Performed:
- The petitioner has held significant roles in technology companies that have attracted substantial venture capital investments, indicating his visionary capabilities and industry impact.
Artistic Exhibitions or Showcases: Not applicable in this case.
Evidence of High Salary or Remuneration: Not detailed in the document.
Commercial Successes in the Performing Arts: Not applicable in this case.
Supporting Documentation
- Endorsement Letters: Letters from industry experts supporting the petitioner’s significant contributions and leadership roles.
- Media Coverage: Articles highlighting the petitioner’s impact and innovations in AI and self-driving technology.
- Patent Applications: Documentation of the petitioner’s original technological contributions.
- Venture Capital Investments: Evidence of substantial investments in the petitioner’s companies, reflecting confidence in his innovative capabilities.
Conclusion
Final Determination: The appeal is sustained, and the petitioner is approved for the EB1 Extraordinary Ability classification.
Reasoning:
- The petitioner demonstrated by a preponderance of the evidence that he is among the small percentage who have risen to the very top of his field.
- His sustained national and international acclaim and recognized achievements in AI and self-driving technology were sufficiently evidenced.
- The petitioner intends to continue his impactful work in the United States, which will substantially benefit the country.
Next Steps:
- The petitioner can now proceed with the steps for immigration under the EB1 classification.
- Further documentation and evidence might be necessary for subsequent stages of the immigration process.
