Date of Decision: March 5, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Researcher in Epigenetics and Oncology
Field: Medical Science
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Participation as a Judge of the Work of Others: The Petitioner has been involved in peer review, judging the work of others in the field.
Original Contributions of Major Significance: The Petitioner’s major contributions include the discovery of significant genetic markers and their roles in cancer, contributing to the understanding of cancer treatment.
Authorship of Scholarly Articles: The Petitioner has authored several scholarly articles in professional journals.
Criteria Not Met
Sustained National or International Acclaim: The Petitioner did not demonstrate sustained national or international acclaim or show that he is among the small percentage at the very top of his field. While productive, the Petitioner’s career does not exhibit the level of acclaim required for this highly restrictive classification.
Key Points from the Decision
Awards and Prizes Won:
No evidence provided.
Published Materials About the Petitioner:
No evidence provided.
Original Contributions of Major Significance:
The Petitioner’s contributions were significant in terms of scientific discovery, but the record did not show that these contributions have led to sustained acclaim.
Participation as a Judge:
The Petitioner’s involvement in peer review was recognized but did not establish sustained national or international acclaim.
Membership in Associations:
No evidence provided.
Authorship of Scholarly Articles:
The Petitioner authored several scholarly articles in reputable journals.
Leading or Critical Role Performed:
No evidence provided.
Artistic Exhibitions or Showcases:
No evidence provided.
Evidence of High Salary or Remuneration:
No evidence provided.
Commercial Successes in the Performing Arts:
No evidence provided.
Supporting Documentation
Letters from Colleagues: Praised the Petitioner’s work but did not provide sufficient evidence of sustained acclaim or recognition at the very top of his field.
Publications and Citations: The Petitioner provided a record of his publications and citations, but this alone did not demonstrate the required level of sustained national or international acclaim.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met the initial evidentiary criteria but did not demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
