Date of Decision: March 8, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Researcher
Field: Microbiology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge of the Work of Others:
The Petitioner served as a peer reviewer for professional journals, which qualifies as participation as a judge of the work of others in the same or allied field. - Authorship of Scholarly Articles:
The Petitioner authored scholarly articles in professional publications in his field. - Original Contributions of Major Significance:
The Petitioner’s culturomics approach in gut microbiome research has greatly aided other researchers and resulted in promising therapeutic products.
Criteria Not Met:
No criteria explicitly mentioned as not met in the decision.
Key Points from the Decision
Awards and Prizes Won:
- Not specified in the decision.
Published Materials About the Petitioner:
- The Petitioner’s work has been cited by many researchers, indicating significant influence in the field.
Original Contributions of Major Significance:
- The Petitioner’s novel approach to culturing the human microbiome and discoveries related to bacteriotherapy have been recognized for their major significance.
- Contributions have enhanced bacterial identification in hospital and clinical settings, aiding in faster identification of bacterial organisms.
- Developed therapeutic products for malnutrition in lactating mothers and children, and collaborated on cancer treatments.
Participation as a Judge:
- Served as a peer reviewer for professional journals.
Membership in Associations:
- Not specified in the decision.
Authorship of Scholarly Articles:
- Authored a significant number of articles in distinguished professional journals.
- Articles have a high citation rate, reflecting substantial influence and recognition in the field.
Leading or Critical Role Performed:
- Pivotal in attracting grant funding and executing research platforms.
- Collaborated with prestigious institutes, reflecting national recognition and influence.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not specified in the decision.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Google Scholar Report:
Reflects a substantial number of citations to the Petitioner’s published work, indicating the impact and recognition of his contributions. - Letters from Experts:
- Letters from prominent researchers and professors detailing the significance and impact of the Petitioner’s work.
- Descriptions of how the Petitioner’s research has been utilized and recognized in the field.
Conclusion
Final Determination: The appeal is sustained.
Reasoning:
- The Petitioner demonstrated eligibility by meeting at least three of the regulatory criteria and sustained national and international acclaim.
- His achievements have been recognized through extensive documentation, indicating he is among the small percentage at the very top of his field.
Next Steps:
- The Petitioner is to continue work in the United States in his area of extraordinary ability.
- It is recommended that the Petitioner maintains documentation of his continued contributions and recognitions to support any future immigration-related processes.
