EB1 Law Review AAO December 23 2011 Innovation – Contribution of Major Significance Evidenced By Scholarly Articles and Testimonials, et. al
EB1 Law Review by Law Offices of Chris M. Ingram
Innovation – Contribution of Major Significance
Evidenced through Volume of Schoarly Articles and Testimonials
8 C.F.R. 204.5(h)(3)(v)
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
In our pursuit of EB1 Green Card and O1 Visa legal excellence we are systematically reviewing every Administrative Appeal Office decision that has been appealed. These cases are not our cases but any and all cases that have been appealed nationally. In continuously reviewing these decisions and learning from them we will continue to be the recognized leaders in EB1 Green Card and O1 Visa legal field as we continue preparing successful cases for aliens of extraordinary ability.
December 23 2011 – Innovation – Contribution of Major Significance, et .al (p5)
Source Case
Innovation – Contribution of Major Significance Through Publication of Articles – (AAO – December 23 2011 – P5)
Context
In this case, the Petitioner (Indian), a physician researcher in the field of neuroradiology sought classification as an alien with extraordinary ability. At the time of the petition was made the Petitioner who was working as an Assistant Professor in the Department of Radiology in a university. The petitioner submitted expert letters discussing the significance of his original research in the field. Also submitted were citations in scholarly journals outlining his influence in the field. The petitioner was also able to provide evidence showing that his medical studies were reported by Indian news media.
Issue
Can the submission of articles in scholarly journals and citation references the Petitioner’s work by other academics and in effect testimonials letters from leading practitioners in the field prove that the alien’s contributions to the field in fact had a major significance in the field?
AAO Discussion
1. ‘The experts’ statements do not merely reiterate the regulatory language of this criterion, they clearly describe how the petitioner’s scientific contributions are both original and of major significance in the field.’
2. ‘…In support of the experts’ statement, the petitioner submitted documentation showing more than 160 cites to his published findings. These citations are solid evidence that other researchers have been influence by the Petitioner’s work and are familiar with it.’
AAO Conclusion
It appears that letters of support by eminent academics combined with corroborating support by way of a very high number of citations in various papers is a potent argument in showing the aliens work in not only scholarly but has a major significant impact in the filed. The AAO determined that review articles and citation history were solid evidence that other scientists are familiar with and influenced by the Petitioner’s work.
AAO concluded that 8 C.F.R § 204.5(h)(3)(v) – Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; had indeed been satisfied.
*Cases Cited
AAO cited no case law.
Copyright 2013