Date of Decision: NOV 28, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Postdoctoral Fellow in Neuroscience
Field: Neuroscience
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The Petitioner reviewed manuscripts for 16 professional journals and one conference. However, the provided evidence did not sufficiently demonstrate that this level of activity placed him among the small percentage at the very top of his field.
- Authorship of Scholarly Articles: The Petitioner authored 21 scholarly articles published in professional journals from 2008 to 2017. However, despite the quantity of publications, the Petitioner did not sufficiently establish that this record demonstrates a career of acclaimed work consistent with being among the very top of his field.
Criteria Not Met:
- Original Contributions of Major Significance: While the Petitioner has made contributions through his research, the provided evidence did not sufficiently demonstrate that these contributions had a major significance in the field of neuroscience. The recommendation letters and citation evidence did not establish that the Petitioner’s work had a substantial impact on the field.
Key Points from the Decision
Awards and Prizes Won:
- Findings: The Petitioner did not submit evidence of receiving a major, internationally recognized award.
Published Materials About the Petitioner:
- Findings: The articles and media reports provided did not demonstrate sustained national or international acclaim or that the Petitioner was singled out for his contributions.
Original Contributions of Major Significance:
- Findings: The Petitioner’s contributions were not shown to have a major impact on the field. The documentation provided did not sufficiently demonstrate significant influence or widespread implementation of his research.
Participation as a Judge:
- Findings: The Petitioner reviewed manuscripts for several professional journals, meeting this criterion. However, the reviews did not demonstrate the sustained national or international acclaim required for this highly restrictive classification.
Membership in Associations:
- Findings: Not applicable in this case.
Authorship of Scholarly Articles:
- Findings: The Petitioner authored numerous scholarly articles, fulfilling this criterion. However, the publication record did not sufficiently demonstrate that the Petitioner is among the small percentage at the top of his field or has a career of acclaimed work.
Leading or Critical Role Performed:
- Findings: The Petitioner did not provide sufficient evidence to show that he performed in a leading or critical role for distinguished organizations in a way that would meet the required level of acclaim.
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 scholarly work and contributions.
- Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s contributions to the field of neuroscience.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not meet the required initial evidence of either a one-time major achievement or at least three of the ten criteria for extraordinary ability. The evidence presented did not establish the Petitioner’s sustained national or international acclaim or that he is among the small percentage who have risen to the very top of his field.
Next Steps:
The Petitioner may consider gathering more robust evidence of his contributions’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
