Date of Decision: JAN. 9, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Postdoctoral Scholar and Environmental Sustainability Fellow
Field: Life and Environmental Science
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The Petitioner has peer-reviewed manuscripts for several journals, such as Food Policy and Biological Conservation.
Authorship of Scholarly Articles:
The Petitioner has published scholarly articles in multiple journals, including the Journal of Genetic Engineering and Biotechnology, Journal of Environmental Management, Journal of Agricultural and Environmental Ethics, and others.
Criteria Not Met:
Awards and Prizes Won:
The Petitioner did not demonstrate that the awards received, which were primarily student awards, are nationally or internationally recognized for excellence in the field.
Membership in Associations:
The Petitioner did not provide sufficient evidence that the associations he is a member of require outstanding achievements judged by recognized experts.
Published Materials About the Petitioner:
The articles provided were not about the Petitioner, and there was insufficient evidence to prove they were published in major media.
Original Contributions of Major Significance:
The Petitioner did not provide sufficient evidence to show that his research and contributions have been of major significance to the field.
Leading or Critical Role:
The Petitioner did not document roles within organizations or establishments that have a distinguished reputation, and his participation was after the petition filing date.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner provided evidence of awards and fellowships, but they were not deemed to meet the criteria of nationally or internationally recognized prizes for excellence.
Published Materials About the Petitioner:
The materials presented did not qualify as major media publications about the Petitioner, nor did they provide sufficient circulation statistics or other corroborating evidence.
Original Contributions of Major Significance:
While the Petitioner had numerous citations, there was insufficient evidence to prove that these citations indicated major significance in the field.
Participation as a Judge:
The Petitioner fulfilled this criterion by reviewing manuscripts for several journals, which was recognized by the Director.
Membership in Associations:
The Petitioner did not provide sufficient evidence of memberships in associations that require outstanding achievements.
Authorship of Scholarly Articles:
The Petitioner met this criterion with publications in various recognized journals.
Leading or Critical Role Performed:
The Petitioner did not sufficiently demonstrate that his roles were critical or leading within distinguished organizations.
Supporting Documentation
- Certificates and Awards: Summaries of the certificates and awards received, mainly student awards.
- Letters of Recommendation: Various letters praising the Petitioner’s work and contributions but lacking in demonstrating major significance.
- Published Articles: A list of scholarly articles authored by the Petitioner.
- Peer Review Activities: Documentation of the Petitioner’s participation in peer review for journals.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of at least three of the ten criteria for EB-1 classification. The Petitioner failed to establish that his achievements garnered national or international acclaim consistent with the standards for extraordinary ability.
Next Steps: The Petitioner may consider gathering more substantial evidence and reapplying, ensuring to meet at least three of the criteria and demonstrating sustained national or international acclaim.
