13 Dec EB-1A Petition Approved for Heart Disease Researcher
Getson & Schatz successfully represented a foreign national in a petition for EB-1A classification as an alien with extraordinary ability in sciences. The client was among the small percentage of researchers at the very top of the field of the etiology of heart development and disease. The EB-1A immigration classification applies to individuals with extraordinary ability in the sciences, arts, education, business or athletics. Per INA 203 (b)(1)(A) the individual must plan to continue to work in their area of extraordinary ability and must substantially benefit prospectively the United States. The client was employed in lawful H-1B status and intended to continue his full time employment if granted permanent resident status. His research in the field of the etiology of heart development and disease substantially benefited the United States as his elucidation of the manners in which several genetic and environmental factors lead to defects in distinct developmental stages of the heart provides targets for medical interventions to prevent and treat many types of heart disease.
Per INA Section 203 (b)(1)(A), the individual must demonstrate extraordinary ability in the field which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. 8 C.F.R Section 204.5(h)(3) outlines ten criteria, at least three of which must be satisfied, for an individual to establish the sustained acclaim necessary to qualify as an individual of extraordinary ability. Our Philadelphia immigration attorneys compiled and submitted evidence in the following criteria to establish the sustained acclaim needed for EB-1A classification.
- Receipt of lesser national or international prizes or awards for excellence in their field of endeavor: The client had received two lesser national Chinese awards for excellence in the field for which classification was sought
- Membership in associations in the field of endeavor that require outstanding achievements of their members: The client was a member of two associations in the field for which classification was sought, both of which required outstanding achievements of their members as judged by national or international experts in their disciplines or fields. Evidence of his membership and the bylaws of both associations were enclosed with the petition in support of this.
- Published material about the alien and his work in professional journals, trade publications, or the major media: Published material written about the client in two major professional publications were provided in support of this criterion.
- Participation, either in a group or alone, as a judge of others in the same or a similar field: The client had judged the work of others by conducting numerous peer reviews for three of the top rated international journals in his field, all of which were in the same or an allied field of the etiology of heart development and disease. The reviewed articles were included with the petition in support of this criterion. Letters were obtained from the journals indicating that only those with expertise and a distinguished reputation in the field are asked to judge the work of others, therefore showing that the client’s numerous activities judging the work of others was indicative of his receipt of sustained international acclaim.
- Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor: Several reference letters submitted by internationally renowned independent experts in the field of the etiology of heart development and disease, as well as leaders in the health care and medical education system were provided as evidence of the major significance and sustained international acclaim of the client’s original scientific research contributions.
- Authorship of scholarly articles in the field, published in professional journals or the major media: The client had authored 13 articles in the field of the etiology of heart development and disease in top rated peer reviewed scholarly journals with international circulation that had been highly cited. The articles, as well as information about the importance of the journals, were included with the petition in support of this criterion.
All of the evidence submitted provided support that the client was one of the small percentage of researchers at the very top of the field of the etiology of heart development and disease and therefore qualified for EB-1A classification. Based on this information, USCIS approved our client’s EB-1A petition, finding that he met at least 3 of the enumerated EB-1A statutory categories and met the high level of achievement required for EB-1A approval.