Date of Decision: August 8, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Epidemiologist
Field: Epidemiology and Public Health
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge of the Work of Others:
- The petitioner served as a reviewer for scholarly manuscripts and participated in evaluating the work of others in the field of epidemiology.
- Authorship of Scholarly Articles:
- The petitioner authored multiple scholarly articles in peer-reviewed journals, contributing to the advancement of knowledge in public health.
- Performance in a Leading or Critical Role:
- The petitioner served as the Associate Medical Director of Epidemiology at a hospital and as a strategic advisor to the Russian Ministry of Health. These roles were demonstrated to be critical to the success of the organizations.
Key Points from the Decision
Performance in a Leading or Critical Role:
- The petitioner’s critical role in the hospital’s infection-control program during the COVID-19 pandemic was recognized.
- Letters from supervisors highlighted her significant contributions, including developing protocols that minimized infection rates and enabled continuous elective surgeries.
Director’s Errors:
- The Director failed to recognize evidence of the hospital’s distinguished reputation, despite submissions proving it as a major scientific research and clinical center in Russia.
Intent to Work in the U.S.:
- The petitioner submitted a letter from a U.S. medical school, stating her involvement in implementing infection control programs and confirming an offer of a permanent post upon receiving permanent residency.
Remand for Final Merits Determination:
- The AAO remanded the case to the Director to conduct a final merits determination on whether the petitioner’s achievements demonstrate sustained national or international acclaim and recognition as one of the small percentage at the top of her field.
Supporting Documentation
Judging Evidence: Records of peer-review activities for scholarly manuscripts.
Authorship Evidence: Scholarly articles in peer-reviewed journals.
Leadership Evidence: Documentation of critical roles in prominent public health organizations and contributions during the COVID-19 pandemic.
Intent Evidence: Letter confirming plans to work in the U.S. as a researcher and professor in epidemiology.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for a final merits determination.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now evaluate whether the petitioner demonstrates extraordinary ability and sustained acclaim in epidemiology.
