1. The applicant fails to fully prove that he has outstanding achievements recognized by the state or internationally in his professional field and does not meet the condition of "three out of ten";

2. The applicant failed to show clearly that he was willing to continue working in his professional field after arriving in the United States;

AAO, the Immigration Appeals Board, finally decided to revoke the negative judgment of Texas Service Center and approve the application of EB- 1A for outstanding talents.

1. Does the applicant fully prove that he has outstanding achievements recognized by the state or internationally in this field, which meets the condition of "three tenths"?

During the appeal, the lawyer representing the applicant stressed that the applicant meets the "three-tenths" condition and is willing to continue to work in his professional field after going to the United States. The applicant not only submitted letters of recommendation from some experts to prove that he has made outstanding achievements in his professional field, but also submitted other documents as proof of the letters of recommendation from experts. These documents show that hundreds of independent professional mainstream publications or other media cited the papers published by the applicant.

Texas Service Center only considers papers in which the applicant is the "first author" and does not consider papers in which many applicants participate.

AAO, on the other hand, thinks that modern scientific research achievements are generally completed by Qi Xin, and the Immigration Bureau has no relevant laws, regulations, precedents or evidence to cite, so it will not consider the scientific research achievements of Qi Xin's cooperation like the applicant. Texas Service Center hopes to have stronger evidence to prove the importance of the applicant in scientific research. However, during the appeal, the statement of the first author who co-authored the paper with the applicant affirmed that the applicant played an indispensable role in the research results published by * * *. In the initial application and appeal process, the citation records of the papers submitted by the applicant fully show that other researchers have been influenced by the applicant's works and have been widely recognized by these researchers. This evidence also fully affirmed the applicant's contribution in the expert recommendation letter, which is not only very important for his work field, but also has great influence on other fields. Therefore, the applicant meets the conditions of "outstanding achievements recognized by the state or internationally in his professional field".

2. Is the applicant willing to continue to work in his professional field after going to the United States?

During the appeal, the applicant submitted the employer's employment letter of intent in 2007 and the employer's employment verification letter in 2009, so the Immigration Appeal Board considered that the applicant was willing to continue to work in his professional field after going to the United States.

Article from: He Xiujuan Law Firm