Date of Decision: February 7, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Clinical Chemist
Field: Clinical Chemistry
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Judging the Work of Others: The Petitioner served on doctoral thesis juries and evaluated applications and papers for an award granted by the Ministry of College Education, Science, and Technology.
Authorship of Scholarly Articles: The Petitioner authored several papers published in scholarly journals.
Criteria Not Met
Membership in Associations: The Petitioner claimed membership in several associations, including the Iota Sigma Pi National Honor Society for Women in Chemistry and the Association of Clinical Scientists. However, the requirements for these memberships were based on educational level and experience rather than outstanding achievements judged by recognized national or international experts. The evidence did not demonstrate that the Petitioner’s memberships required outstanding achievements.
Original Contributions of Major Significance: The Petitioner proposed changes to various testing protocols and participated in validation studies. However, the evidence provided did not demonstrate how these contributions were of major significance to the field. The documentation lacked specific details on the extent to which other institutions adopted and implemented these changes or how they significantly influenced the field of clinical chemistry.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: No evidence provided.
Original Contributions of Major Significance:
Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate that her contributions were of major significance in the field. The letters and documentation lacked specific details on how her contributions significantly influenced the field.
Participation as a Judge:
Summary of findings: The Petitioner served on doctoral thesis juries and evaluated applications and papers for an award, satisfying this criterion.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that memberships required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Summary of findings: The Petitioner authored several scholarly articles in reputable professional journals.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition.
Articles and Publications: Did not focus on the Petitioner and were not from major media.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two of the criteria but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not provide the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must file a new petition with more substantial and specific evidence to meet the criteria for extraordinary ability classification. Alternatively, she can pursue classification as an outstanding professor or researcher through a separate immigrant petition, as mentioned in the order.
