Date of Decision: JULY 24, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Scientist
Field: Molecular Diagnostics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Scholarly Articles: The Beneficiary authored six scholarly articles in professional publications, meeting the scholarly articles criterion.
- Leading or Critical Role: The Beneficiary played a critical role in the development of a molecular diagnostic test for sepsis, fulfilling the leading or critical role criterion.
Criteria Not Met:
- Original Contributions: The appeal did not successfully demonstrate that the Beneficiary’s contributions were of major significance in the field.
- High Salary or Remuneration: The evidence did not show that the Beneficiary’s compensation was high relative to others in the field.
Key Points from the Decision
Original Contributions of Major Significance: The Beneficiary’s patent was cited by other patents and was involved in developing methodologies for molecular diagnostics, but these were not deemed significant contributions to the field.
Participation as a Judge: Not applicable.
Membership in Associations: Not applicable.
Authorship of Scholarly Articles: The Beneficiary authored several scholarly articles that contributed to meeting one of the evidentiary criteria.
Leading or Critical Role Performed: The Beneficiary was involved in significant projects within her field, particularly in the development of diagnostic tests, which was recognized under the critical role criterion.
Evidence of High Salary or Remuneration: The Beneficiary’s salary was compared with national averages and specific wage levels but did not meet the high salary criterion as it was not significantly high compared to others in her field.
Supporting Documentation
- Recommendation Letters: Discussing the Beneficiary’s involvement and potential impact in the field.
- Patent Citations and Applications: Used to argue the significance of the Beneficiary’s contributions.
- Employment Documents and Wage Data: To compare the Beneficiary’s salary against industry standards.
Conclusion
Final Determination: The Petitioner did not establish that the Beneficiary qualifies under the extraordinary ability category as the evidence did not sufficiently demonstrate sustained national or international acclaim or significant contributions to the field of molecular diagnostics.
Reasoning: The appeal was dismissed due to insufficient evidence of major significance in the Beneficiary’s contributions and comparative high salary.
Next Steps: The decision advises against the classification sought, suggesting that the Beneficiary does not meet the high standards set for the extraordinary ability visa category.
