Date of Decision: February 27, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Neuroscientist Researcher
Field: Neuroscience
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Participation as a Judge – The Petitioner sits on the editorial board for the journal A-latters, which satisfies the requirements of this criterion.
Criterion 2: Authorship of Scholarly Articles – The Petitioner has authored scholarly articles in journals such as the and others in the field, with significant levels of citations to her work.
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards – The grants and nominations presented by the Petitioner do not constitute nationally or internationally recognized prizes for excellence in the field.
Criterion 2: Membership in Associations – The Petitioner did not provide sufficient evidence that her memberships in certain organizations require outstanding achievements of their members.
Criterion 3: Published Material About the Petitioner – The Petitioner submitted an article, but it was not established that the journal is a professional or major trade publication or other major media.
Criterion 4: Original Contributions of Major Significance – The evidence did not demonstrate what impact the Petitioner’s work has had on the field, failing to meet the criterion’s requirements.
Criterion 5: Display of Work at Artistic Exhibitions or Showcases – The illustrated research figures placed on the front page of an academic journal do not constitute an artistic display of her work.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not demonstrate that the grants and nominations presented are equivalent to nationally or internationally recognized awards for excellence in the field.
Published Materials About the Petitioner:
An article was submitted, but it was not established that the journal is a professional or major trade publication or other major media.
Original Contributions of Major Significance:
The letters submitted by colleagues did not adequately document the impact of the Petitioner’s work on the field.
Participation as a Judge:
The Petitioner sits on the editorial board for a journal, meeting the criterion for judging the work of others.
Membership in Associations:
The Petitioner did not provide sufficient evidence that her memberships require outstanding achievements of their members.
Authorship of Scholarly Articles:
The Petitioner has authored scholarly articles in reputable journals with significant levels of citations.
Leading or Critical Role Performed:
Not applicable or not sufficiently documented in the provided summary.
Artistic Exhibitions or Showcases:
The academic journal’s cover does not represent an artistic showcase or exhibition.
Evidence of High Salary or Remuneration:
Not applicable or not sufficiently documented in the provided summary.
Commercial successes in the Performing Arts:
Not applicable or not sufficiently documented in the provided summary.
Supporting Documentation
Documentation of grant awards and nominations.
Membership lists of certain organizations.
Article published in an academic journal.
Letters from colleagues attesting to the Petitioner’s work and impact.
Evidence of authorship of scholarly articles.
Documentation of research figures placed on the front page of an academic journal.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a qualifying one-time achievement or documents that meet at least three of the ten criteria listed. The totality of the materials reviewed does not support a finding that the Petitioner has the level of expertise required for the classification sought.
Next Steps: The Petitioner may consider gathering more robust evidence or additional documentation that clearly demonstrates meeting the criteria for an EB1 Extraordinary Ability classification.
