Date of Decision: July 23, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Research Scientist
Field: Molecular Virology
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 served as a peer reviewer for scientific journals and as a member of the editorial board of the Journal of Life Sciences.
Authorship of Scholarly Articles: The petitioner authored articles published in professional publications, including the Journal of Virology, Frontiers in Microbiology, and the Journal of Biological Chemistry.
Original Contributions of Major Significance: The petitioner demonstrated original contributions of major significance, particularly in his research on molecular virology.
Criteria Not Met:
Membership in Associations: The petitioner did not establish that his membership in the International Society of Public Law (ICON-S) requires outstanding achievements of its members, as judged by recognized experts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving any major or lesser recognized awards for excellence in molecular virology.
Published Materials About the Petitioner:
There was no evidence provided of published material about the petitioner in professional or major trade publications.
Original Contributions of Major Significance:
The petitioner’s contributions were acknowledged, particularly his research on the role of molecular targets in virus replication. The petitioner’s work was noted to have provided significant advances in the field, as evidenced by letters from experts and citations in high-impact journals.
Participation as a Judge:
The petitioner served as a peer reviewer for several scientific journals, fulfilling this criterion.
Membership in Associations:
The petitioner’s membership in ICON-S did not meet the criteria, as it was not established that the association requires outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The petitioner provided evidence of authoring scholarly articles, which met this criterion.
Leading or Critical Role Performed:
The petitioner did not provide sufficient evidence of a leading or critical role for distinguished organizations.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
These criteria were not applicable or addressed in the current decision.
Supporting Documentation
The petitioner submitted documents including letters of support, published articles, evidence of peer review activities, and documentation of his research contributions. While some criteria were met, the overall evidence was deemed insufficient to demonstrate the sustained national or international acclaim required for the EB1 classification.
Conclusion
Final Determination:
The petitioner’s appeal was dismissed.
Reasoning:
The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met some criteria, the totality of the evidence did not demonstrate the sustained national or international acclaim required for this classification. Specifically, the petitioner did not establish the significance of his contributions to the field and his membership in distinguished associations.
Next Steps:
The petitioner may consider gathering more substantial and detailed evidence to support his claims and ensure all filing deadlines are met in future motions or appeals. Exploring other visa categories that align more closely with his achievements and current career stage may also be advisable.
