Date of Decision: April 3, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sustainable Agriculture Researcher
Field: Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Judging at 8 C.F.R. § 204.5(h)(3)(iv):
The petitioner served as a peer reviewer for several journals, fulfilling the criterion for judging the work of others in the field.
Authorship of Scholarly Articles at 8 C.F.R. § 204.5(h)(3)(vi):
The petitioner authored articles in professional journals, which were acknowledged by the Director as satisfying this criterion.
Criteria Not Met:
Original Contributions at 8 C.F.R. § 204.5(h)(3)(v):
The petitioner submitted publications, citation evidence, and letters of recommendation. However, the evidence did not demonstrate that these contributions were of major significance in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not submit evidence of nationally or internationally recognized awards for excellence in the field of endeavor.
Published Materials About the Petitioner:
The petitioner submitted articles and video interviews, but the evidence was insufficient to demonstrate that these appeared in major media or professional trade publications.
Original Contributions of Major Significance:
The petitioner provided citation records and letters of support, but these did not sufficiently establish that his work constituted original contributions of major significance in the field.
Participation as a Judge:
The petitioner met this criterion by serving as a peer reviewer for several journals.
Membership in Associations:
Not discussed in the decision.
Authorship of Scholarly Articles:
The petitioner authored several scholarly articles in recognized professional journals, satisfying this criterion.
Leading or Critical Role Performed:
Not applicable based on the provided evidence.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
- Letters from experts and peers discussing his contributions and the significance of his work.
- Documentation of his role as a peer reviewer for multiple journals.
- Copies of his published scholarly articles in professional journals.
- Citation records demonstrating the impact of his published work.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not submit sufficient evidence to meet the initial criteria required for EB1 Extraordinary Ability classification. Although he satisfied two criteria, the evidence did not demonstrate sustained national or international acclaim or major contributions in the field of sustainable agriculture. Consequently, the petitioner failed to establish the level of expertise required for the classification sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which he may be eligible.
