Date of Decision: May 12, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Campus Biological Safety Officer
Field: Biological Safety and Biosecurity
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner met the criterion related to judging the work of others, having participated as a judge for an international award and as a mentor in a prestigious program.
Authorship of Scholarly Articles: The petitioner has authored approximately 13 scholarly articles, though only two have been cited.
Leading or Critical Role for Distinguished Organizations: The petitioner has served in leading roles, including as the Campus Biological Safety Officer and in various positions within a prominent international biosafety organization.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner did not sufficiently demonstrate that her contributions had a major impact on the field.
Lesser nationally or internationally recognized prizes or awards: Not claimed or addressed in the decision.
Membership in associations that require outstanding achievements: Not claimed or addressed in the decision.
Published material about the individual: Not claimed or addressed in the decision.
Participation in exhibitions or showcases: Not claimed or addressed in the decision.
Evidence of high salary: Not claimed or addressed in the decision.
Commercial successes in the performing arts: Not applicable.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not claim any lesser nationally or internationally recognized awards.
Published Materials About the Petitioner:
There was insufficient evidence to demonstrate significant recognition through published materials about the petitioner.
Original Contributions of Major Significance:
The petitioner’s contributions, such as developing a biosafety audit program, were acknowledged but not deemed to have achieved the level of major significance required.
Participation as a Judge:
The petitioner participated as a judge for an international publication award and mentored in a program sponsored by the U.S. Department of State, which were recognized but not considered sufficient for sustained national or international acclaim.
Membership in Associations:
The petitioner’s involvement in professional associations, including serving as a chair for various committees, was noted but did not meet the criteria for national or international acclaim.
Authorship of Scholarly Articles:
The petitioner authored scholarly articles, but the citation rate was not sufficient to demonstrate sustained acclaim.
Leading or Critical Role Performed:
The petitioner held a critical role at the petitioning university and within a prominent international biosafety organization, but this was not deemed sufficient for the classification sought.
Supporting Documentation
Letters of Recommendation: Several letters praised the petitioner’s expertise and roles but did not provide sufficient evidence of national or international recognition.
Professional Achievements: Documents included evidence of the petitioner’s professional achievements, including mentoring and developing safety programs, but these were not sufficient for the required acclaim.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not meet the initial evidentiary requirements of either a one-time achievement or documents satisfying at least three of the ten criteria listed under 8 C.F.R. § 204.5(h)(3). Furthermore, the final merits determination concluded that the petitioner did not demonstrate sustained national or international acclaim nor was among the small percentage at the very top of her field.
Next Steps:
The petitioner may consider gathering more substantial and corroborative evidence of extraordinary ability and reapplying or seeking alternative visa classifications. Recommendations include focusing on acquiring more widely recognized awards and publishing material about her achievements in major media outlets.
