Date of Decision: January 5, 2023 Service Center: Nebraska Service Center Form Type: Form I-140 Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Vocational Agriculture Teacher
- Field: Molecular Biology and Biotechnology as related to Agriscience
- Nationality: Not specified in the document
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion Not Applicable
Criteria Not Met:
- Documentation of Membership in Associations: Petitioner was a member of AAAS and ACTE, but these memberships did not require outstanding achievements judged by national or international experts.
- Authorship of Scholarly Articles: Petitioner co-authored articles, but there was no evidence of these being published in professional publications, trade publications, or major media.
- Performance in a Leading or Critical Role: Petitioner did not demonstrate leading or critical roles in organizations with distinguished reputations.
- Evidence of High Salary or Remuneration: Petitioner’s salary was not demonstrated to be high or significantly high in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
- Not applicable.
Published Materials About the Petitioner:
- The petitioner did not provide evidence that his articles were published in recognized professional or trade publications.
Original Contributions of Major Significance:
- Not applicable.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- Petitioner was a member of AAAS and ACTE, but these memberships did not meet the criteria for requiring outstanding achievements of their members.
Authorship of Scholarly Articles:
- The petitioner co-authored articles but did not provide evidence of publication in recognized media formats.
Leading or Critical Role Performed:
- The petitioner did not establish that he performed in a leading or critical role for organizations with distinguished reputations.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Petitioner’s salary was not demonstrated to be high relative to others in the field.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- AAAS and ACTE Memberships: Information provided did not establish that these organizations require outstanding achievements for membership.
- Scholarly Articles: Copies of articles co-authored were provided, but there was no evidence of publication in recognized media.
- Curriculum Vitae and Recommendation Letters: Provided but did not establish leading or critical roles.
- Income Evidence: Petitioner’s salary and supporting documents did not demonstrate high salary relative to peers.
Conclusion
- Final Determination: The appeal is dismissed.
- Reasoning: The petitioner did not satisfy at least three of the ten criteria required for demonstrating extraordinary ability.
- Next Steps: The petitioner may consider submitting new evidence that meets the criteria or seek alternative visa classifications that might be more appropriate to his achievements and professional background.
