Date of Decision: April 23, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Molecular Biochemist
Field: Molecular Biochemistry
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The Petitioner has peer-reviewed manuscripts for several scientific journals and serves on editorial boards for three journals.
Authorship of Scholarly Articles: The Petitioner authored scholarly articles published in notable scientific journals, including “Science” and “Molecular Cell.”
Criteria Not Met:
Original Contributions of Major Significance: Although the Petitioner presented evidence of original contributions, the documentation did not demonstrate that these contributions were of major significance in the field.
Key Points from the Decision
Awards and Prizes Won:
No major internationally recognized awards were cited as evidence.
Published Materials About the Petitioner:
While the Petitioner’s work was cited in other research and review articles, the evidence did not sufficiently demonstrate that these citations signified major significance.
Original Contributions of Major Significance:
The Petitioner’s contributions, though original, were not shown to have the major impact or influence in the field necessary to meet this criterion.
Participation as a Judge:
The Petitioner has served as a peer reviewer for multiple scientific journals, meeting one of the required criteria.
Membership in Associations:
Not specified in the document.
Authorship of Scholarly Articles:
The Petitioner’s authorship of articles in high-impact journals was recognized but did not meet the criteria for demonstrating major significance in the field.
Leading or Critical Role Performed:
Not specified in the document.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not specified in the document.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
Letters from experts in the field.
Evidence of peer-reviewed manuscripts and editorial board memberships.
Authored articles in high-impact journals.
Citation records and analysis from Google Scholar and Clarivate Analytics.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The evidence provided did not meet the required initial criteria of either a one-time achievement or documentation fulfilling at least three of the ten criteria necessary for classification as an individual of extraordinary ability. The Petitioner’s work, while original and valuable, did not demonstrate the sustained national or international acclaim required for this visa classification.
Next Steps:
The Petitioner may consider gathering additional evidence of major significance and impact in the field or seek alternative visa classifications better aligned with their qualifications and contributions.
