Date of Decision: NOV. 21, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Forestry Research Scientist
Field: Forestry and Environmental Science
Nationality: South Korean
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Scholarly Articles: Petitioner demonstrated evidence of his published scholarly articles being cited, particularly highlighting one article with significant citations.
Judging the Work of Others: Petitioner served as a judge for the work of others in the field.
Criteria Not Met:
Original Contributions of Major Significance: Although the Petitioner cited numerous independent citations of his work, the evidence did not sufficiently establish that these contributions were of major significance in the field. The citations alone did not demonstrate the required impact or influence on the field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
The Petitioner cited numerous independent citations and participation in significant projects, but the impact of these contributions on the field was not sufficiently demonstrated to be of major significance.
- “The Petitioner documented ‘393 independent citations of [his] published findings,’ including one article with more than 250 independent citations.”
- “The burden remains on the Petitioner to provide detail about the contribution made, as well as to show how, and to what extent, his contributions have influenced the field as a whole.”
Participation as a Judge:
The Petitioner served as a judge for the work of others in his field, meeting this criterion.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
The Petitioner submitted evidence of multiple published articles with citation histories, which were considered but not sufficient for all required criteria.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Evidence of scholarly articles and their citation histories.
- Letters and documents detailing the Petitioner’s judging activities.
- Documentation related to the Petitioner’s role in significant international projects.
- Tables and statistical analyses comparing citation rates.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The Petitioner did not meet the required three out of ten criteria for classification as an individual of extraordinary ability.
- The provided evidence of citations and project involvement was insufficient to establish original contributions of major significance.
- The Petitioner did not demonstrate sustained national or international acclaim required for the visa classification sought.
Next Steps:
- The Petitioner may consider gathering more substantial evidence of major significance in contributions to the field.
- Exploring other visa options or reapplying with stronger documentation may be advisable.
