Date of Decision: March 27, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Infectious Disease Researcher
Field: Infectious Diseases
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser Prizes or Awards: The Petitioner claimed to have received several awards, but the evidence provided did not demonstrate that these awards were nationally or internationally recognized for excellence in the field of infectious diseases.
- Participation as a Judge: The Petitioner reviewed two papers for journals.
- Authorship of Scholarly Articles: The Petitioner published 20 scholarly articles in professional publications.
Criteria Not Met:
- Original Contributions of Major Significance: The Petitioner did not demonstrate that his research contributions were of major significance to the field, despite citation evidence and recommendation letters.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner claimed several awards, including a National Youth Award, a Scholarship, and an unnamed presentation award. However, these were not shown to be recognized for excellence in the field of infectious diseases.
Published Materials About the Petitioner:
The Petitioner published 20 scholarly articles. Although the quantity of publications was significant, the evidence did not establish that these contributions were of major significance in the field.
Original Contributions of Major Significance:
The Petitioner provided citation evidence and recommendation letters. However, the citations and letters did not sufficiently articulate the major significance or impact of his contributions to the field of infectious diseases.
Participation as a Judge:
The Petitioner reviewed two papers for journals, fulfilling the judging criteria.
Membership in Associations:
No evidence provided to support membership in associations recognized for excellence in the field.
Authorship of Scholarly Articles:
The Petitioner authored 20 scholarly articles, meeting one of the criteria. However, these publications were not demonstrated to be of major significance.
Leading or Critical Role Performed:
No evidence provided to support leading or critical roles in organizations or events recognized for excellence in the field.
Artistic Exhibitions or Showcases:
Not applicable to the field of infectious diseases.
Evidence of High Salary or Remuneration:
No evidence provided to support high salary or remuneration compared to others in the field.
Commercial Successes in the Performing Arts:
Not applicable to the field of infectious diseases.
Supporting Documentation
- National Youth Award Screenshots: Did not establish recognition for excellence in the field of infectious diseases.
- Scholarship Fact Sheet: Did not demonstrate recognition for excellence in the field of endeavor.
- Presentation Award Letter: Did not provide evidence of national or international recognition for excellence in the field.
- Citation Evidence from Google Scholar: Provided 297 citations but did not demonstrate major significance.
- Recommendation Letters: Did not sufficiently explain the major significance of the Petitioner’s contributions.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not establish sustained national or international acclaim or demonstrate that he is among the small percentage at the very top of his field. The evidence provided did not meet the criteria for extraordinary ability.
Next Steps: The Petitioner may consider providing additional, more compelling evidence to support his claims or explore other visa classifications.
