EB-1 Extraordinary Ability USCIS Appeal Review – Research Scientist – APR042018_02B2203

Date of Decision: April 4, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Research Scientist
Field: Chemistry, specifically organometallic chemistry
Nationality: Not specified in the document

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Approved

Evidentiary Criteria Analysis

Criteria Met:

Judging: The petitioner has reviewed a substantial number of manuscripts for highly ranked professional publications.

Authorship of Scholarly Articles: The petitioner has authored a considerable amount of published material in professional journals, with multiple articles featured in leading journals in the field of organometallic chemistry. His work has garnered an unusually high number of citations, indicating significant impact and recognition.

Contributions of Major Significance: The petitioner has demonstrated major contributions to the field, particularly through the development of new synthetic reactions for pharmaceutical molecule production and significant advancements in the study of chemical properties.

Criteria Not Met:

The document does not specify any criteria not met, as the appeal focuses on the criteria that were successfully demonstrated.

Key Points from the Decision

Awards and Prizes Won:
The petitioner did not establish receipt of a major, internationally recognized award, thus relying on meeting three alternate regulatory criteria.

Published Materials About the Petitioner:
The petitioner provided extensive evidence of his work being published in high-impact journals, highlighting the influence and recognition of his research within the scientific community.

Original Contributions of Major Significance:
The petitioner has made pioneering research contributions, particularly in the field of hydrogen storage and synthetic methodologies. His work has led to significant technological advancements and has been widely acclaimed by experts in the field.

Participation as a Judge:
The petitioner has completed independent requests to review numerous manuscripts for top-tier professional publications, showcasing his expertise and recognition within the scientific community.

Membership in Associations:
Not specifically addressed in the document.

Authorship of Scholarly Articles:
The petitioner’s scholarly articles have been highly cited, and some have been featured on journal covers, underscoring their impact and the petitioner’s sustained acclaim in the field.

Leading or Critical Role Performed:
The petitioner’s development of catalysts for pharmaceutical synthesis and renewable energy has been recognized as groundbreaking, positioning him as a leader in his field.

Artistic Exhibitions or Showcases:
Not applicable.

Evidence of High Salary or Remuneration:
Not specifically addressed in the document.

Commercial Successes in the Performing Arts:
Not applicable.

Supporting Documentation

The petitioner provided a wide range of supporting documents, including:

Letters from experts in the field attesting to the significance and originality of his work.

Evidence of the commercialization of his inventions.

Extensive citation records and data on the prestige of journals that published his work.

Intellectual property documents identifying the petitioner as an inventor on several patents.

Conclusion

Final Determination: The appeal was sustained, and the petition was approved.
Reasoning: The petitioner demonstrated extraordinary ability in his field through a combination of judging experience, authorship of influential scholarly articles, and significant contributions to the field of chemistry. The totality of the evidence supported the petitioner’s claim of sustained national and international acclaim.
Next Steps: The petitioner is eligible for classification as an individual of extraordinary ability and may continue to work in his area of expertise in the United States.

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