Date of Decision: January 16, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Research Chemist
Field: Chemistry
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner had reviewed scholarly articles, indicating recognition of his expertise in his field.
Authorship of Scholarly Articles: The petitioner had published several articles in peer-reviewed journals.
Original Contributions of Major Significance: The petitioner made significant discoveries, including a new method of decontaminating certain compounds in water and a cluster with medical, commercial, and environmental applications.
Criteria Not Met:
Published Material About the Alien: Although an article in the American Chemical Society’s newsletter featured the petitioner’s work, it was not sufficient to establish widespread recognition.
Citation of Work: Only one of the petitioner’s articles was heavily cited, which did not demonstrate a pattern of producing highly influential work.
Patent and Commercial Use: The petitioner contributed to a patented technology, but the impact and use of this patent were not clearly demonstrated to show substantial benefit or recognition.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No major, internationally recognized awards were cited.
Key quotes or references: Not applicable.
Published Materials About the Petitioner:
Summary of findings: An article in the ACS newsletter discussed the petitioner’s work, but it was seen as promotional material from the same organization that published the original article.
Key quotes or references: The ACS article did not mention the petitioner’s name directly, reducing its impact as evidence of recognition.
Original Contributions of Major Significance:
Summary of findings: The petitioner’s research led to significant discoveries and a highly cited article.
Key quotes or references: The discoveries included a decontamination method and a compound with various applications.
Participation as a Judge:
Summary of findings: The petitioner served as a peer reviewer for scholarly journals.
Key quotes or references: This role indicated subject matter expertise but not necessarily extraordinary ability.
Membership in Associations:
Summary of findings: Not specifically mentioned.
Key quotes or references: Not applicable.
Authorship of Scholarly Articles:
Summary of findings: The petitioner published multiple articles in reputable journals.
Key quotes or references: The most cited article was published in the Journal of the American Chemical Society.
Leading or Critical Role Performed:
Summary of findings: Not specifically mentioned.
Key quotes or references: Not applicable.
Artistic Exhibitions or Showcases:
Summary of findings: Not applicable.
Key quotes or references: Not applicable.
Evidence of High Salary or Remuneration:
Summary of findings: Not specifically mentioned.
Key quotes or references: Not applicable.
Commercial Successes in the Performing Arts:
Summary of findings: Not applicable.
Key quotes or references: Not applicable.
Supporting Documentation
Letters from Experts: Letters from professors and researchers highlighted the petitioner’s contributions and technical expertise. However, these were viewed as subjective and not indicative of widespread recognition.
Patent Documentation: Evidence of a patent was provided, but the commercial impact and use were not clearly demonstrated.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not demonstrate sustained national or international acclaim or that he had reached the very top of his field. While he made significant contributions and was recognized by some peers, this did not meet the high threshold for extraordinary ability.
Next Steps: The petitioner may consider providing additional evidence of widespread recognition and impact in future applications or appeals.
