Date of Decision: August 27, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Biophysics and Biomedicine Researcher
Field: Biophysics and Biomedicine
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes: The Petitioner received recognition for his contributions, though specific awards were not detailed.
Published Material About the Petitioner: Articles about the petitioner were published in professional publications dedicated to the business technology or biometrics industry.
Original Contributions of Major Significance: The Petitioner demonstrated original contributions of major significance through his patents and innovative work in biophysics and biomedicine.
Authorship of Scholarly Articles: The Petitioner has authored a substantial number of articles in distinguished journals and conference proceedings.
Leading or Critical Role: The Petitioner has served in critical roles such as chief executive officer and chief integration officer in distinguished institutions and companies.
Criteria Not Met:
The decision does not explicitly mention criteria that were not met; however, it is implied that not all potential criteria were satisfied.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not detail specific awards won but demonstrated substantial recognition through his contributions and innovations.
Published Materials About the Petitioner:
The petitioner was featured in professional publications related to his work, indicating his acclaim in the biophysics and biomedicine fields.
Original Contributions of Major Significance:
The petitioner’s work, including patented technologies, has had a significant impact in his field, with his patents being crucial for the success of several startup companies and resulting in substantial venture capital investment.
Participation as a Judge:
The document does not provide specific details on this criterion.
Membership in Associations:
The document does not provide specific details on this criterion.
Authorship of Scholarly Articles:
The petitioner has authored numerous scholarly articles published in high-impact journals, which have garnered a significant number of citations.
Leading or Critical Role Performed:
The petitioner provided evidence of holding significant positions, including as CEO and chief integration officer, demonstrating a leading role in his field.
Artistic Exhibitions or Showcases:
The document does not provide specific details on this criterion.
Evidence of High Salary or Remuneration:
The document does not provide specific details on this criterion.
Commercial Successes in the Performing Arts:
The petitioner did not claim or provide evidence for this criterion.
Supporting Documentation
The petitioner submitted extensive documentation, including articles, letters of recommendation, evidence of his contributions and innovations, patents, and details of substantial venture capital investment resulting from his work. The petitioner also provided evidence of his substantial number of citations and his impact on the field through his scholarly articles.
Conclusion
Final Determination: The appeal was sustained, resulting in the approval of the petition.
Reasoning: The USCIS concluded that the petitioner met the necessary criteria for classification as an individual of extraordinary ability. The petitioner demonstrated sustained national and international acclaim and that his achievements have been recognized through extensive documentation. The evidence provided, in aggregate, demonstrated that the petitioner is among the small percentage who have risen to the very top of the field of biophysics and biomedicine.
Next Steps: The petitioner can proceed with the next steps in his immigration process, as his appeal for classification as an individual of extraordinary ability has been approved.
