Date of Decision: MAR. 14,2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Statistical Geneticist
Field: Genetics and Genomics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles: The beneficiary has published several papers demonstrating expertise and contribution to the field of genetics.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner failed to demonstrate that the beneficiary’s contributions have had a significant impact beyond his immediate employer, thus not meeting the requirement of affecting the field as a whole.
High Salary or Other Significantly High Remuneration: There was insufficient evidence to establish that the beneficiary’s salary was significantly higher than others in the field at a national level.
Key Points from the Decision
Awards and Prizes Won: None specified
Published Materials About the Petitioner: The beneficiary has authored multiple scholarly articles, but there was no evidence that these were of major significance to the wider field.
Original Contributions of Major Significance: The contributions were significant to the employer but did not extend to the wider field, lacking verification of wide acceptance or adoption.
Evidence of High Salary or Remuneration: The evidence provided did not convincingly compare the beneficiary’s remuneration with that of his peers nationally, failing to meet the criterion.
Supporting Documentation
- Reference letters from colleagues and experts in the field.
- Scholarly articles authored by the beneficiary.
- Salary documentation and comparisons with regional and national averages.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence to meet the criteria for classification as an individual of extraordinary ability in the field of genetic research.
Reasoning: The beneficiary did not demonstrate a level of expertise that placed him at the top of his field nationally or internationally.
Next Steps: It is recommended that the petitioner gather more substantial and detailed evidence of the beneficiary’s impact on the field and reapply if possible.
