Date of Decision: April 23, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Scientist
Field: Environmental Science and Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner has peer-reviewed manuscripts for several professional publications, including the Journal of Arid Environments, Asian Journal of Geoinformatics, and the Journal of Agricultural Science and Technology.
Authorship of Scholarly Articles: The Petitioner has authored scholarly articles published by scientific journals such as the Journal of Arid Environments, Canadian Journal of Remote Sensing, GIScience & Remote Sensing, and Rangeland Ecology and Management.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner received a Doctoral Research Fellowship from a university coalition. However, the Petitioner did not provide sufficient evidence to demonstrate that the fellowship is nationally or internationally recognized for excellence in the field.
Membership in Associations: The Petitioner claimed membership in Sigma Xi, a scientific research society. However, the evidence did not demonstrate that Sigma Xi requires outstanding achievements for membership as judged by recognized national or international experts.
Original Contributions of Major Significance: The Petitioner presented several contributions in the field of environmental science and engineering. However, the provided evidence did not sufficiently demonstrate that these contributions are of major significance or widely recognized within the field.
Key Points from the Decision
Awards and Prizes Won: The Petitioner did not sufficiently demonstrate that the Doctoral Research Fellowship is a nationally or internationally recognized award for excellence in the field.
Published Materials About the Petitioner: Not applicable.
Original Contributions of Major Significance: The Petitioner presented several contributions, including a comprehensive model of groundwater concentrations and techniques in GIS and remote sensing. However, the evidence did not establish that these contributions have been widely implemented or recognized as significantly impactful within the field.
Participation as a Judge: The Petitioner met this criterion by providing evidence of peer-reviewing manuscripts for several professional publications.
Membership in Associations: The Petitioner did not meet this criterion. Membership in Sigma Xi was not sufficiently demonstrated to require outstanding achievements as judged by recognized experts.
Authorship of Scholarly Articles: The Petitioner met this criterion by authoring several scholarly articles published in reputable scientific journals.
Leading or Critical Role Performed: Not applicable.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: Not applicable.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
The Petitioner provided evidence of peer-reviewed manuscripts, authored scholarly articles, and letters of recommendation. However, additional documentation was insufficient to establish eligibility for EB1 Extraordinary Ability classification.
Conclusion
Final Determination: Appeal 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 for EB1 classification. The evidence presented did not establish the required sustained national or international acclaim or recognition of achievements in the field. The Petitioner has not demonstrated eligibility as an individual of extraordinary ability.
Next Steps:
The Petitioner may consider gathering more substantial and corroborative evidence of recognized achievements and contributions within the field and may reapply if able to meet the required criteria.
