EB-1 Extraordinary Ability USCIS Appeal Review – Researcher in Toxicology and Pharmacology – NOV262019_02B2203

Date of Decision: NOV. 26, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability


Petitioner Information

Profession: Researcher
Field: Toxicology and Pharmacology
Nationality: [Not specified]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  1. Judging: The Petitioner reviewed papers for journals.
  2. Scholarly Articles: The Petitioner authored scholarly articles in professional publications.

Criteria Not Met:

  1. Original Contributions of Major Significance: The Petitioner did not establish that her contributions were of major significance in the field.

Key Points from the Decision

Original Contributions of Major Significance

Summary of Findings:

  • The Petitioner claimed contributions through citations of her work and publication in top-ranked journals. However, she did not demonstrate how these contributions were of major significance.
  • The Petitioner provided citation counts and letters of recommendation but did not sufficiently show the impact or significance of her work in the field.

Key Quotes or References:

  • “The Petitioner did not articulate the significance or relevance of the citations to her articles.”
  • “Letters that specifically articulate how a petitioner’s contributions are of major significance to the field and its impact on subsequent work add value. On the other hand, letters that lack specifics and use hyperbolic language do not add value.”

Supporting Documentation

  • Google Scholar Citations: Provided citation counts but did not differentiate between self-citations and independent citations.
  • Recommendation Letters: Praised the Petitioner’s work but did not provide detailed information on the major significance of her contributions.

Conclusion

Final Determination: The appeal is dismissed.

Reasoning:

  • The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria.
  • The Petitioner’s work, while significant, did not demonstrate the level of sustained national or international acclaim required for the EB-1 classification.

Next Steps:

  • The Petitioner may consider providing more substantial evidence of the significance and impact of her contributions in the field if reapplying.

Download the Full Petition Review Here


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