Date of Decision: June 8, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Research Scientist
Field: Cardiovascular Biology and Biomedical Sciences
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles
The petitioner authored multiple scholarly articles published in respected journals, fulfilling this criterion.
Participation as a Judge of the Work of Others
The petitioner participated in reviewing manuscripts for professional journals, meeting this criterion.
Criteria Not Met:
Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence
The petitioner’s travel awards were not sufficiently demonstrated to be nationally or internationally recognized for excellence.
Membership in Associations Requiring Outstanding Achievements
The petitioner did not establish eligibility for membership in associations requiring outstanding achievements.
Published Material About the Alien
The petitioner did not provide sufficient evidence of published material about him in professional or major trade publications.
Original Contributions of Major Significance
The petitioner’s work, while notable, did not demonstrate significant impact within the field at large.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received a New Investigator Travel Award to attend a conference, but this award did not meet the criterion for national or international recognition.
Published Materials About the Petitioner:
The petitioner did not provide sufficient evidence of published material about his work in professional or major trade publications.
Original Contributions of Major Significance:
Although the petitioner’s work was recognized by peers, it did not significantly impact the field as required for this criterion.
Participation as a Judge:
The petitioner reviewed manuscripts for professional journals, which was accepted as meeting the criterion.
Membership in Associations:
The petitioner did not provide evidence of membership in associations requiring outstanding achievements judged by national or international experts.
Authorship of Scholarly Articles:
The petitioner authored several scholarly articles in respected journals, meeting this criterion.
Supporting Documentation
- New Investigator Travel Award: Evidence of award but lacking proof of national/international recognition.
- Published Articles: Copies of published articles in scholarly journals.
- Letters of Recommendation: Testimonials from professionals in the field, supporting the petitioner’s contributions but lacking in demonstrating major significance.
Conclusion
Final Determination:
The appeal is dismissed due to the petitioner’s inability to meet the required criteria for EB1 Extraordinary Ability classification.
Reasoning:
The petitioner did not provide sufficient evidence to demonstrate sustained national or international acclaim or recognition within the field.
Next Steps:
The petitioner may file a motion to reconsider or reopen the case if new evidence or arguments can be presented.
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