EB-1B Outstanding Professor or Researcher USCIS Appeal Review – Software Engineer – MAR222024_01B3203


Date of Decision: March 22, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1B (Outstanding Professor or Researcher)


Petitioner Information

Profession: Software Engineer
Field: Computer Engineering
Nationality: Not Specified


Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed


Evidentiary Criteria Analysis

Criteria Met:

  • Judging the Work of Others: The Beneficiary served as a peer reviewer for multiple conferences and journals, including the Association for Computing Machinery Multimedia (ACMMM) and Knowledge and Information Systems Journal (KISJ).
  • Original Scientific or Scholarly Research Contributions: The Beneficiary made contributions in computer vision and machine learning, particularly in connecting wave functions with distance transforms.
  • Authorship of Scholarly Articles: The Beneficiary co-authored several conference papers and one journal article published in reputable venues, including IEEE and ACM SIGKDD.

Criteria Not Met:

  • Major Prizes or Awards for Outstanding Achievement: The Beneficiary’s fellowship from his alma mater was not deemed indicative of international recognition.
  • Membership in Associations: The Beneficiary’s IEEE Senior membership was not considered sufficient to demonstrate outstanding achievement.
  • Published Materials About the Beneficiary: There was insufficient evidence showing that the Beneficiary’s work had a significant impact on the academic field, as indicated by citation counts.

Key Points from the Decision

Awards and Prizes Won:
The Beneficiary received a fellowship, but it was not recognized as a major award that signifies international recognition.

Published Materials About the Beneficiary:
The Beneficiary’s work was published in top conferences, but the citation counts did not demonstrate the impact needed for international recognition.

Original Contributions of Major Significance:
The Beneficiary’s research in computer vision and quantum computing was noted, but it did not have the broader impact required to establish international recognition.

Participation as a Judge:
The Beneficiary’s peer review activities were acknowledged, but they were not deemed sufficient to demonstrate outstanding recognition.

Membership in Associations:
Senior IEEE membership was mentioned but did not rise to the level of indicating international recognition.

Authorship of Scholarly Articles:
The Beneficiary’s publications in reputable conferences were acknowledged, but the impact of these works was insufficient to meet the criteria for outstanding international recognition.


Supporting Documentation

  • Fellowship Information: Details about the fellowship and its recipients, showing it was a mentored position for early-career researchers.
  • IEEE Senior Membership: Documentation about the membership requirements, which did not meet the standards for outstanding recognition.
  • Peer Review Activities: Evidence of peer review work for ACMMM and KISJ, which lacked documentation showing it was reserved for internationally recognized experts.
  • Published Articles and Citation Data: Google Scholar metrics for the Beneficiary’s work, showing limited citation impact.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning: While the Beneficiary met the initial evidentiary criteria, the totality of the evidence did not demonstrate that he is internationally recognized as outstanding in his academic field. His achievements, while significant, did not rise to the level required for the EB-1B classification.
Next Steps: The Petitioner may consider additional evidence or alternative visa categories if pursuing further action.


Download the Full Petition Review Here

Izu Okafor
Izu Okafor

Izu Okafor is a filmmaker, project manager, and video editor with a rich background in the film industry. He has refined his craft under the mentorship of industry giants like AMAA VFx Winner Stephen Onaji Onche and AMVCA-winning producer Chris Odeh. Izu is one of 60 participants in the prestigious British Council Film Lab Africa Accelerator Program. His experience spans roles at Sixar Studio, Sozo Films, and Hanuluo Studios, with work on projects like "Wahala" and "Chiugo." He recently produced his debut feature, "Dinobi," which has garnered international festival recognition. Beyond filmmaking, Izu is dedicated to social entrepreneurship and youth empowerment, mentoring future leaders through Uncommon Me International.

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