背景: Nov, 15, 2011 non-pp I140 EB1A, Jun 27 NOID, 求版内的xdjm帮忙看看还有
救吗?
以下是NOID的内容:(略去套话)
二步法: 承认了三样,
USCIS has determined that the petitioner provided documentation, but failed
to establish eligibility for the following criteria:
Evidence of the beneficiary's original scientific, scholarly, artistic,
athletic, or business-related contributions of major significance in the
field.
The petitioner has submitted evidence that he has peer-reviewed two articles
for Environmental Science & Technologt, two articles for International
Journal of Nanomedicine, one article for Biomacromolecules,
and one article for Chemical Science. Participating in the judging of the
work of others in the same or allied field of specialization, regardless of
the circumstances, satisfies the regulatory criteria in part one.
However, the petitioner has not shown how his review of eight articles is
indicative of being one of that small percentage who have risen to the very
top of the field of endeavor and enjoying sustained national or
international acclaim. For example, the record does not show that the
beneficiary:
Served as an expert judge, panelist, or reviewer, for the selection of
recognized prizes and/or memberships in the beneficiary's same or allied
field;
Served in an editorial position(s) for recognized joumals in the
hbeneficiary's same or an allied field;
or
Reviewed a large number of articles for distinguished journals, magazines,
or editorials in the beneficiary's same or allied field.
Additionally, the petitioner submitted evidence of published material in
professional or trade publications or, in major rnedia publications about an
article that he co-wrote. Science Daily published an article regardirrg the
beneficiary's work entitled, which appeared in Plant Physiology. This
satisfies the regulatory criteria of part one. It is noted that the same
article also appeared in Nano Werk and Nano techwire.com, but it has not
been shown that these are major media publications. The article does not
mention the beneficiary by name or his contribution to the project. His name
only appears in the Jountal Reference section. Therefore, the petitioner
has failed to show how the publication of this article indicates that he is
one of that small percentage who has risen to the top of the field of
biophysics and neuroscience and that he is enjoying sustained national or
international acclaim.
The petitioner also submitted evidence that he co-authored four scholarly
articles that were published in professional or major trade publications.
This satisfies the regulatory criteria in part one. However, the petitioner
has failed to show how these four publications are indicative of someone who
has risen to the very top of their field. The petitioner has not shown that
he has consistently published scholarly articles in journals
with the highest impact factors within the field. He has also failed to show
that these articles have advanced the field or set him apart from others in
his field. While it has been shown that one of the beneficiary's
articles, which appeared in PNAS, has been widely cited, a footnote to the
article states that the beneficiary only helped perfom research for the
article. The footnote also states that the other co-authors designed the
research, contributed new reagents/ analytical tools, analyzed the data and
wrote the paper. Thus, the evidence shows that the beneficiary worked on the
project, but was not one of the main contributors to the
article.
Finally, the petitioner submitted testimonial letters from six highly
regarded experts in the field of biophysics and neuroscience. These letters
explained the beneficiary's original contributions to the field, but they
did not show how these contributions were of "major significance" to the
field. For example, most of the letters discuss tlre beneficiary's afticle
that appeared in PNAS. However, as mentioned above, the evidence shows that
he was not one of the main contributors to that article. The
testimonial letters also indicate that the beneficiary's work has advanced
the knowledge in his field of study, and that his work could have an impact
on the field in the future. the record slrows that the beneficiary is a
promising young scientist. However, it has not been shown that at the time
of the filing of the petition, his work has provoked widespread public
commentary or that it has been implemented by others in the field. Also, the
letters do not illustrate how the beneficiary's work is indicative of one
that is of that small percentage who have risen to the very top of their
field and is enjoying sustained national or intemational acclaim.
As discussed. USCIS has evaluated the evidence and determined that the
evidence does not establish that the beneficiary is an individual of
extraordinary ability in accordance with 203(b)(1)(A)(i) of the INA.