Date of Decision: April 15, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Neuroscientist
Field: Neuroscience
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles:
The Petitioner authored more than 20 research articles published in scientific journals and presented papers at scientific conferences.
Participation as a Judge of the Work of Others:
The Petitioner served as a peer reviewer for several scientific journals, including The European Journal of Neuroscience, Journal of Neural Regenerative Research, and Frontiers.
Lesser Nationally or Internationally Recognized Prizes or Awards:
The Petitioner received the Early Career Investigator Award from a leading national neuroscience society, which was recognized as a national-level award in the field.
Criteria Not Met:
Original Contributions of Major Significance:
The Petitioner’s contributions, while original and significant within specific contexts, were not shown to have had a major impact on the field as a whole, according to the evidence provided.
Key Points from the Decision
Authorship of Scholarly Articles:
Summary of Findings:
The Petitioner has a strong publication record, with articles published in reputable journals and presented at conferences.
Key Quotes or References:
“The Petitioner authored more than 20 research articles published in scientific journals.”
Participation as a Judge of the Work of Others:
Summary of Findings:
The Petitioner’s role as a peer reviewer for several journals demonstrates his expertise in the field.
Key Quotes or References:
“The Petitioner served as a peer reviewer for several scientific journals, including The European Journal of Neuroscience.”
Lesser Nationally or Internationally Recognized Prizes or Awards:
Summary of Findings:
The Early Career Investigator Award was recognized as a national-level award by a leading neuroscience society.
Key Quotes or References:
“The Early Career Investigator Award is recognized at the national level in the field of neuroscience.”
Supporting Documentation
Letters from Editors of Scientific Journals:
Provided verification of the Petitioner’s participation as a peer reviewer.
Published Articles and Conference Papers:
Title pages and citations of the Petitioner’s research articles.
Reference Letters:
Letters from colleagues and mentors describing the significance of the Petitioner’s research contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
Although the Petitioner met the initial evidentiary criteria, the final merits determination concluded that the Petitioner did not demonstrate sustained national or international acclaim or recognition as one of the top individuals in the field of neuroscience.The evidence did not show that the Petitioner’s overall body of work placed him among the small percentage of researchers at the very top of the field.
Next Steps:
The Petitioner may consider gathering additional evidence that directly demonstrates the impact and recognition of his work on a national or international scale.
Consulting with an immigration attorney specializing in extraordinary ability petitions may help in better presenting the case for future appeals or petitions.
