Date of Decision: NOV. 14, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Researcher
Field: Physiology
Nationality: Chilean
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of scholarly articles: The petitioner authored numerous scholarly articles with over 200 citations in the Google Scholar database, indicating significant contributions to his field.
- Original scientific contributions of major significance: The petitioner developed new technology and experimental setups for studying physiology, which have been adopted by researchers in Brazil and Sweden. His contributions include recording patches used in National Institutes of Health (NIH) studies, showing major significance in his field.
- Participation as a judge of the work of others: The petitioner served as a thesis advisor to graduate students and judged undergraduate student work in his field at various universities, demonstrating his role as a judge in his field of specialization.
- High Salary: Commanding a high salary or significantly high remuneration for services in relation to others in the field.
Criteria Not Met:
- Criterion 1: Published material about the individual in professional or major trade publications or other major media. The submitted articles did not meet the regulatory requirements due to lack of author attribution and evidence of publication in major media.
Key Points from the Decision
Awards and Prizes Won: No applicable awards or prizes mentioned.
Published Materials About the Petitioner: Three articles were submitted, but none met the necessary criteria due to the lack of proper author attribution and evidence of publication in major media.
Original Contributions of Major Significance: The Petitioner’s research on physiological monitoring patches was highlighted for its revolutionary potential in medical research, allowing noninvasive, continuous monitoring of vulnerable populations.
Participation as a Judge: The Petitioner served as an advisor and judge for undergraduate and graduate students, contributing significantly to his field’s academic community.
Membership in Associations: No specific associations were mentioned.
Authorship of Scholarly Articles: Over 200 citations of the Petitioner’s articles in Google Scholar.
Leading or Critical Role Performed: The Petitioner played a leading role in developing new research tools and methodologies used internationally.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: The Petitioner’s remuneration was noted to be significantly high in comparison to others in the field.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- Google Scholar Citations: Over 200 citations confirming the Petitioner’s contributions to the field.
- Letters from Colleagues: Detailed letters attesting to the Petitioner’s original contributions and their significance.
- Research Grants: Evidence of prestigious funding awards from NIH, NSF, and other institutions.
- Published Articles: Three articles submitted but not meeting the required criteria.
Conclusion
Final Determination: The appeal is sustained. The Petitioner has demonstrated extraordinary ability in the field of physiology, satisfying the initial evidence requirements and proving eligibility in the final merits determination.
Reasoning: The Petitioner’s contributions to physiological research, as well as his sustained national and international acclaim, position him among the top of his field. The Petitioner will continue to work in his area of expertise, significantly benefiting the United States.
Next Steps: The Petitioner should continue to compile evidence of his contributions and accolades to support future applications and maintain eligibility for extraordinary ability classification.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 23214150
Document: NOV142022_02B2203
