Date of Decision: October 20, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Biomedical Researcher
Field: Pharmacology
Nationality: [Nationality not provided in the document]
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner successfully demonstrated participation as a judge of the work of others in her field, meeting the criterion outlined in 8 C.F.R. § 204.5(h)(3)(iv).
Authorship of Scholarly Articles: The petitioner provided substantial evidence of authorship of scholarly articles in the field, meeting the criterion outlined in 8 C.F.R. § 204.5(h)(3)(vi).
Original Contributions of Major Significance: The petitioner made significant contributions to her field, specifically highlighted by her work on the prodrug-based NLG919 molecule, fulfilling the criterion outlined in 8 C.F.R. § 204.5(h)(3)(v).
Criteria Not Met:
Key Points from the Decision
Awards and Prizes Won:
While the petitioner did not claim a one-time achievement of a major, internationally recognized award, her body of work demonstrated significant achievements in her field.
Published Materials About the Petitioner:
The petitioner’s work on the prodrug-based NLG919 molecule was widely recognized and cited, indicating her substantial contribution to the field of pharmacology.
Supporting Documentation
- Letters from Professors: Provided detailed accounts of the petitioner’s contributions and their impact on the field.
- Nature Communications Paper (2016): Highlighted the petitioner’s significant work on the prodrug-based NLG919 molecule.
- Google Scholar Records and Clarivate Analytics Documentation: Demonstrated the high citation rate and recognition of the petitioner’s work.
Conclusion
Final Determination: The petitioner’s appeal was successful in demonstrating eligibility under the criteria for extraordinary ability. However, the case was remanded for a final merits determination.
Reasoning: The petitioner met the burden of proof for the required criteria and demonstrated significant contributions to her field, warranting further evaluation.
Next Steps: The Director will conduct a final merits determination to assess whether the petitioner’s accomplishments establish her as an individual of extraordinary ability in her field.
