Date of Decision: August 12, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Assistant Professor of Chemistry
Field: Chemistry
Nationality: [Not Provided in Document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner reviewed papers for journals, fulfilling the criterion of participation as a judge of the work of others in her field.
Authorship of Scholarly Articles: The petitioner authored scholarly articles published in professional journals, meeting this criterion.
Criteria Not Met:
Membership in Associations: The petitioner’s membership in the American Chemical Society (ACS) did not meet the criterion, as it did not require outstanding achievements judged by recognized national or international experts.
Leading or Critical Role: The petitioner’s role at the 2018 ACS Biennial Conference on Chemical Education was not sufficient to meet this criterion, as the evidence did not demonstrate that she played a leading or critical role for the organization as a whole.
Key Points from the Decision
Awards and Prizes Won:
Not applicable, as no specific awards or prizes were discussed.
Published Materials About the Petitioner:
Not applicable, as there were no mentions of published materials about the petitioner.
Original Contributions of Major Significance:
Not applicable, as no specific original contributions were highlighted.
Participation as a Judge:
The petitioner successfully demonstrated her role in reviewing and judging the work of others through her editorial positions and review activities for professional journals.
Membership in Associations:
The petitioner claimed membership in the American Chemical Society (ACS). However, the evidence did not establish that ACS membership required outstanding achievements judged by recognized experts. Membership was based on an earned degree or relevant experience, which does not rise to the level of “outstanding achievements.”
Authorship of Scholarly Articles:
The petitioner provided evidence of authoring scholarly articles published in professional journals, meeting this criterion.
Leading or Critical Role Performed:
The petitioner’s role at the ACS Biennial Conference on Chemical Education was not sufficient to establish her role as leading or critical within the larger organization of ACS. The evidence did not demonstrate significant impact or importance to the organization’s overall success.
Artistic Exhibitions or Showcases:
Not applicable, as the petitioner’s field does not involve artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Not applicable, as no evidence of high salary or remuneration was discussed.
Commercial Successes in the Performing Arts:
Not applicable, as the petitioner’s field does not involve commercial successes in the performing arts.
Supporting Documentation
Reference Letters: Provided letters from professionals recognizing the petitioner’s roles and contributions. However, these letters were insufficient to establish the petitioner’s eligibility under the claimed criteria.
Published Articles: Included evidence of scholarly articles published in professional journals.
Conference Participation: Documentation of the petitioner’s role in the 2018 ACS Biennial Conference on Chemical Education, which was insufficient to meet the criterion for a leading or critical role.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidentiary criteria and failed to demonstrate sustained national or international acclaim or recognition in her field. The evidence provided was found to be insufficient to establish her eligibility for the EB1 classification.
Next Steps: The petitioner may consider gathering more comprehensive and corroborative evidence to support her claims, focusing on independent recognition and demonstrating how her work has had a significant impact on her field.
