Date of Decision: December 30, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Biomedical Researcher
Field: Biomedical Sciences
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Participation as a judge: The petitioner participated as a judge of the work of others in the same or an allied field. Documentation was provided showing the petitioner’s peer review of scholarly articles for multiple journals.
Authorship of scholarly articles: The petitioner authored articles in distinguished journals that have garnered significant citations, both individually and in the aggregate. Journals include prestigious ones like [names redacted for privacy].
Criteria Not Met:
Original contributions of major significance: Initially, the Director determined that the petitioner did not meet this criterion. However, on appeal, the petitioner provided additional documentation showing extensive citations and significant impact in the field, leading to the conclusion that this criterion was met.
Key Points from the Decision
Awards and Prizes Won:
[No specific awards mentioned]
Published Materials About the Petitioner:
- The petitioner’s work has been extensively cited in numerous scholarly articles, demonstrating its impact and recognition in the field.
Original Contributions of Major Significance:
- The petitioner’s contributions have significantly impacted the biomedical field, particularly in areas related to [specific research details redacted for privacy].
- Reference letters from experts affirmed the petitioner’s pioneering work and its subsequent influence on further research.
Participation as a Judge:
- The petitioner has served as a peer reviewer for multiple prestigious journals, validating his expertise and recognition in the field.
Membership in Associations:
[No specific memberships mentioned]
Authorship of Scholarly Articles:
- The petitioner authored numerous articles in top-tier journals, which were highly cited and influential in the biomedical research community.
Leading or Critical Role Performed:
[No specific roles mentioned]
Artistic Exhibitions or Showcases:
[Not applicable]
Evidence of High Salary or Remuneration:
[Not applicable]
Commercial Successes in the Performing Arts:
[Not applicable]
Supporting Documentation
- Peer Review Documentation: Evidence of the petitioner’s extensive peer review work for various journals.
- Citation Records: Detailed lists and corroborations of the petitioner’s citation records from outside sources.
- Reference Letters: Letters from both close colleagues and objective experts detailing the petitioner’s contributions and their significance.
Conclusion
Final Determination: The appeal is sustained.
Reasoning: The petitioner demonstrated by a preponderance of evidence that he is within the small percentage of individuals at the top of his field, with sustained national or international acclaim. His achievements have been recognized in his field of expertise, and his entry to the United States will substantially benefit the country prospectively.
Next Steps: The petitioner should continue to maintain documentation of his contributions and recognitions to support future applications or renewals.
