Date of Decision: OCT 16, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Nanotechnology Researcher
Field: Nanotechnology
Nationality: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The Petitioner has peer-reviewed manuscripts for multiple journals, including Nanoscale Research Letters and Nanotechnology, fulfilling the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
- Original Contributions of Major Significance: The Petitioner has made original scientific contributions to the field of stretchable electronics, significantly impacting the field of nanotechnology. Letters from other researchers highlighted his work on carbon nanotube-enabled electronics and fully-printed flexible and stretchable electronics, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(v).
- Authorship of Scholarly Articles: The Petitioner has authored numerous articles in professional publications such as Scientific Reports and Nano Letters. His work has been extensively cited, demonstrating the influence and recognition of his research, fulfilling the criterion under 8 C.F.R. § 204.5(h)(3)(vi).
Criteria Not Met:
- Receipt of Lesser Recognized Prizes or Awards: Not applicable in this case.
- Published Materials About the Petitioner: Not applicable in this case.
- Membership in Associations: Not applicable in this case.
- High Salary or Remuneration: Not applicable in this case.
Key Points from the Decision
Awards and Prizes Won:
- Findings: Not applicable in this case.
Published Materials About the Petitioner:
- Findings: Not applicable in this case.
Original Contributions of Major Significance:
- Findings: The Petitioner’s contributions, including his work on carbon nanotube-enabled electronics and fully-printed flexible and stretchable electronics, were recognized as significantly impactful in the field of nanotechnology. The evidence included numerous citations and letters from prominent researchers affirming the major significance of his work.
Participation as a Judge:
- Findings: The Petitioner has peer-reviewed manuscripts for multiple prestigious journals, fulfilling this criterion. This activity, combined with his other achievements, demonstrates his recognition in the field.
Membership in Associations:
- Findings: Not applicable in this case.
Authorship of Scholarly Articles:
- Findings: The Petitioner has authored articles in distinguished professional journals, fulfilling this criterion. His work has been extensively cited, indicating its influence and recognition in the field.
Leading or Critical Role Performed:
- Findings: Not provided in this case.
Artistic Exhibitions or Showcases:
- Findings: Not applicable in this case.
Evidence of High Salary or Remuneration:
- Findings: Not applicable in this case.
Commercial Successes in the Performing Arts:
- Findings: Not applicable in this case.
Supporting Documentation
- Articles and Reviews: Various articles and reviews about the Petitioner’s work in nanotechnology.
- Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s contributions to the field of nanotechnology.
Conclusion
Final Determination: Appeal Sustained
Reasoning:
The Petitioner has established that he meets at least three of the evidentiary criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). He has also demonstrated sustained national and international acclaim and that his achievements have been recognized through extensive documentation. The Petitioner has shown that he is among the small percentage at the very top of his field of endeavor. Therefore, he qualifies for classification as an individual of extraordinary ability.
Next Steps:
The Petitioner should continue to maintain and document his achievements and contributions to the field of nanotechnology. Consulting with an immigration attorney for further guidance on maintaining his status and fulfilling any additional requirements for permanent residency may be beneficial.
