Date of Decision: June 25, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Scientific Researcher
Field: Biochemistry
Nationality: Iranian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The petitioner fulfilled the requirement of judging at 8 C.F.R. § 204.5(h)(3)(iv) by peer-reviewing a manuscript for The Journal of Physical Chemistry.
Scholarly Articles: The petitioner met the scholarly articles criterion at 8 C.F.R. § 204.5(h)(3)(vi) by authoring articles published in journals such as Developmental Cell, RNA, and FEBS Letters.
Criteria Not Met:
Membership in Associations: The petitioner did not meet the criterion for membership in associations at 8 C.F.R. § 204.5(h)(3)(ii). Membership in the American Chemical Society and the claimed membership in Iran’s National Elites Foundation did not demonstrate that such memberships were based on outstanding achievements judged by recognized experts.
Published Material About the Petitioner: The petitioner failed to meet the criterion for published material about the alien in professional or major trade publications at 8 C.F.R. § 204.5(h)(3)(iii). The provided articles did not focus on the petitioner and lacked necessary author identification and evidence of being major media.
Original Contributions of Major Significance: The petitioner did not establish that his contributions were of major significance in the field. The supporting letters from experts lacked specific examples of the significant impact of his work.
Leading or Critical Role: The petitioner did not demonstrate that his role as executive director of a summer school program for the Iranian Biology Olympiad was leading or critical to the organization.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received a silver medal in an international high school competition, but this did not suffice to meet the criterion for lesser nationally or internationally recognized prizes or awards.
Published Materials About the Petitioner:
Articles from en.mehrnews.com, Isna.ir, and others mentioned the petitioner in context but did not focus on him, failing to meet the criterion.
Original Contributions of Major Significance:
While the petitioner’s research was recognized as novel, it was not shown to have had a significant impact on the field.
Participation as a Judge:
The petitioner met the judging criterion by peer-reviewing a manuscript for a reputable journal.
Membership in Associations:
Membership in the American Chemical Society and Iran’s National Elites Foundation did not meet the requirement of outstanding achievements judged by experts.
Authorship of Scholarly Articles:
The petitioner met the criterion by authoring articles published in reputable journals.
Leading or Critical Role Performed:
The petitioner did not demonstrate a leading or critical role in the Iranian Biology Olympiad summer school program.
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Curriculum Vitae: Detailed the petitioner’s educational background and professional experience.
Letters from Experts: Provided general praise but lacked specific evidence of major contributions.
Articles and Publications: Included published research but did not demonstrate significant impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required criteria to demonstrate extraordinary ability. The evidence provided did not show sustained national or international acclaim or that the petitioner’s contributions were of major significance in the field.
Next Steps: It is recommended that the petitioner gather more substantial evidence of their impact and contributions to meet the criteria for extraordinary ability classification.
This format captures the essence of the USCIS appeal review and organizes it in a structured, blog-friendly manner.
