Date of Decision: June 8, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1B (Outstanding Professor or Researcher)
Petitioner Information
Profession: Associate Scientist II
Field: Food Science
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge of the Work of Others in the Field: The Beneficiary participated as a peer reviewer for 20 manuscripts submitted to the Journal of Agriculture and Food Chemistry (JAFC).
- Original Scientific or Scholarly Research Contributions: The Beneficiary contributed to the development of food palatants and authored research cited by other groups.
- Authorship of Scholarly Books or Articles: The Beneficiary published articles in high-impact journals such as JAFC and Molecules.
Criteria Not Met:
- International Recognition as Outstanding: Despite fulfilling the initial criteria, the evidence did not demonstrate that the Beneficiary’s work was internationally recognized as outstanding.
- Support from Independent Experts: Reference letters, while supportive, were not corroborated by other evidence showing the widespread international impact of her work.
- Citation Impact: While the Beneficiary’s work received citations, the overall context did not support the claim of her being internationally recognized as outstanding.
Key Points from the Decision
Awards and Prizes Won: The Beneficiary received a graduate fellowship; however, this alone was not deemed sufficient to establish international recognition.
Published Materials About the Petitioner: Reference letters from experts in food science supported the significance of the Beneficiary’s research. However, these letters were not backed by evidence showing that the research had been adopted or cited significantly on an international scale.
Original Contributions of Major Significance: The research conducted by the Beneficiary was recognized and cited in various studies, yet the contributions were not found to be of major international significance, according to the USCIS.
Participation as a Judge: The Beneficiary’s role as a peer reviewer was acknowledged but considered routine and not indicative of international standing.
Membership in Associations: No significant findings regarding membership in associations were presented.
Authorship of Scholarly Articles: The Beneficiary authored articles in well-regarded journals, but the articles’ impact was not demonstrated to be outstanding at an international level.
Supporting Documentation
- Reference Letters: Detailed the significance of the Beneficiary’s research but were insufficient to establish international recognition.
- Citation Data: Showed some level of citation, but without sufficient context or impact analysis to support claims of international recognition.
- Altmetric Scores: Indicated attention for the Beneficiary’s work, but these metrics were not directly correlated with academic recognition.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The totality of the evidence failed to demonstrate that the Beneficiary is internationally recognized as outstanding in the field of food science. While the Beneficiary met the initial criteria, the final merits determination did not support the appeal.
Next Steps: The Petitioner may consider submitting additional evidence of international recognition or reapplying under a different visa category if applicable.
