Date of Decision: April 29, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1B (Outstanding Professor or Researcher)
Petitioner Information
Profession: Research Associate
Field: Cell Biology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The Beneficiary served as a peer reviewer for manuscripts submitted to several notable journals, including Proceedings of the National Academy of Sciences (PNAS) and PLOS One.
- Original Contributions: The Beneficiary made research contributions related to the regulation of cellular processes, with implications for understanding neurological diseases.
- Authorship of Scholarly Articles: The Beneficiary authored five scholarly articles published in reputable journals such as PNAS and Journal of Cell Science.
Criteria Not Met:
- Awards and Prizes: The Beneficiary received multiple certificates and a small travel award, but these were deemed insufficient to demonstrate international recognition.
- Membership in Associations: The Beneficiary was a member of several scientific societies, but the record did not establish that these memberships were based on outstanding achievements.
- Published Materials About the Petitioner: Several articles cited the Beneficiary’s work, but these citations did not demonstrate significant international recognition or impact.
Key Points from the Decision
Awards and Prizes: The Beneficiary’s awards were limited to recognition from alma maters and employers, failing to rise to the level of major international prizes.
Published Materials About the Petitioner: While the Beneficiary’s research was cited in a few articles, the citations did not significantly highlight his work as being of international importance.
Original Contributions of Major Significance: The Beneficiary’s contributions were recognized by peers, but the evidence did not show substantial international impact or transformation of the field.
Participation as a Judge: The Beneficiary’s peer review activities were noted, but they were not considered sufficient to establish international recognition.
Membership in Associations: The memberships held by the Beneficiary did not require outstanding achievements, and thus did not contribute to the recognition sought.
Authorship of Scholarly Articles: The Beneficiary’s publications in high-impact journals were acknowledged, but the limited number and citation impact did not meet the standard for international recognition.
Supporting Documentation
- Peer Review Letters: Documentation of the Beneficiary’s peer review activities for various journals.
- Research Contributions: Letters from colleagues and supervisors outlining the significance of the Beneficiary’s work.
- Publication Records: Copies of the Beneficiary’s scholarly articles and citation reports from Google Scholar.
- Award Certificates: Copies of the Beneficiary’s awards and honors from universities and the employing institution.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: Despite meeting the initial evidentiary criteria, the totality of evidence did not establish that the Beneficiary is internationally recognized as an outstanding researcher in the field of cell biology.
Next Steps:
- Consider gathering additional evidence of international recognition, such as higher-impact publications, prestigious awards, or more significant roles in professional organizations.
- Reapply with stronger supporting documentation or explore other immigration options.
Download the Full Petition Review Here