sustained EB-1A Case: Biochemical Engineering

identieing data deleted to 
pRvent clearly unwarranted 
invasion of personal privacj 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Of$ce of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
puBtIc COPY 
" L- 
Ice: TEXAS SERVICE CENTER Date: JM 14 2010 
SRC 07 800 05067 
IN RE: 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b)(l )(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
.UJ l:k?dy1 14 
/. Perry Rhew 
!chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be sustained and the petition will be approved. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(l)(A), as an alien 
of extraordinary ability in the sciences. The director determined that the petitioner had not established 
the sustained national or international acclaim necessary to qualify for classification as an alien of 
extraordinary ability. 
On appeal, counsel argues that the petitioner meets at least three of the regulatory criteria at 8 C.F.R. 
9 204.5(h)(3). 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority workers. -- Visas shall first be made available . . . to qualified immigrants who are 
aliens described in any of the following subparagraphs (A) through (C): 
(A) Aliens with extraordinary ability. -- An alien is described in this subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, 
business, or athletics which has been demonstrated by sustained national or 
international acclaim and whose achievements have been recognized in the 
field through extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit 
prospectively the United States. 
U.S. Citizenship and Immigration Services (USCIS) and legacy Immigration and Naturalization 
Service (INS) have consistently recognized that Congress intended to set a very high standard for 
individuals seeking immigrant visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 
60898-99 (Nov. 29, 1991). As used in this section, the term "extraordinary ability" means a level of 
expertise indicating that the individual is one of that small percentage who have risen to the very top 
of the field of endeavor. 
 8 C.F.R. § 204.5(h)(2). 
 The specific requirements for supporting 
documents to establish that an alien has sustained national or international acclaim and recognition 
in his or her field of expertise are set forth in the regulation at 8 C.F.R. § 204.5(h)(3). The relevant 
criteria will be addressed below. It should be reiterated, however, that the petitioner must show that 
she has sustained national or international acclaim at the very top level. 
This petition, filed on January 19,2007, seeks to classify the petitioner as an alien with extraordinary 
ability as a biochemical engineering researcher. At the time of filing, the petitioner was working at 
the Center for Engineering in Medicine, Massachusetts General Hospital, Harvard Medical School. 
The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, internationally 
recognized award). Barring the alien's receipt of a major internationally recognized award, the 
regulation at 8 C.F.R. 5 204.5(h)(3) outlines ten criteria, at least three of which must be satisfied for 
an alien to establish the sustained acclaim necessary to qualify as an alien of extraordinary ability. 
We find that the petitioner's evidence meets at least three of the regulatory criteria. 
Evidence of the alien's participation, either individually or on a panel, as a judge of the 
work of others in the same or an alliedfield of speczfication for which classzjication is 
sought. 
The petitioner submitted evidence showing that she was appointed to the Editorial Board of the 
Journal of Industrial Microbiology and Biotechnology. The petitioner also submitted documentation 
indicating that that she reviewed a large number of manuscripts for multiple journals including 
Biotechnology Progress, World Journal of Microbiology and Biotechnology, Applied Microbiology 
and Biotechnology, Journal of Applied Microbiology, and Biofouling. Accordingly, we concur with 
the director's finding that the petitioner meets this criterion. 
Evidence of the alien's original scientzfic, scholarly, artistic, athletic, or business- 
related contributions of major signzjicance in the field. 
The petitioner submitted several letters of support discussing her original research contributions. We 
cite representative examples here. 
Member of the U.S. National Academy of Sciences and Research Fellow in 
Microbial Biochemistry at the Charles A. Dana Research Institute for Scientists Emeriti at Drew 
University, New Jersey, states: 
Since I have never collaborated with [the petitioner] nor have I supervised her, I can provide 
an independent evaluation of her research. 
Biofilms form when bacteria come in contact with a wet surface where they form a film or 
"slime" on that surface. Biofilms are involved in 80% of all human infections and are 
resistant to traditional antibiotic treatments because they present an entry barrier for 
antibiotics . . . . [The petitioner's] extraordinary work . . . greatIy advances our understanding 
of the mechanism of biofilm formation, and allows us to develop novel strategies for control 
of antibiotic-resistant disease-causing biofilms to prevent high recurrence of infections. 
[The petitioner's] innovative approach to biofilm inhibition was to screen a library of extracts 
to find a natural plant-based biofilm inhibitor that could circumvent the problem caused by 
biofilms. She found a novel inhibitor, ursolic acid, which both inhibits new biofilm formation 
and removes mature biofilms in a way that is different from traditional antibiotic action. 
Ursolic acid promotes cell motility, or the spontaneous movement of cells, so that biofilm 
cells become so motile that they no longer can stay on the substrate. She also made the 
original discovery that biofilm formation is affected by sulfur metabolism through the gene 
cysB, thus opening the door to further therapeutic targets to eliminate antibiotic resistance 
caused by biofilms. [The petitioner] also made the discoveries that the quorum-sensing signal 
autoinducer 2 (AI-2) directly stimulates biofilm formation in many bacteria, including E. 
coli, and that a new regulator protein, MqsR, affects cell motility and biofilm production. No 
scientist had previously characterized AI-2's direct role in biofilm formation nor identified 
the novel MqsR protein before [the petitioner]. Her work (1) resulted in the description of the 
pathway for AI-2 control of biofilm formation; (2) opened up new research into biofilm 
inhibition and control; and (3) revealed MqsR7s role in regulating up to 108 other proteins. 
The other area of [the petitioner's] . . . research, investigating the control of biocorrosion 
caused by deleterious biofilms in industrial settings, resulted in another series of remarkable 
discoveries. [The petitioner] took the highly innovative route of fighting deleterious and 
corrosive biofilms using beneficial biofilms that produce antimicrobials. . . . Using 
antimicrobial biofilms to reduce biocorrosion is a truly inspired approach because it 
overcomes the transportation obstacle, as well as the problem of antimicrobial dilution. [The 
petitioner's] highly original research overcomes a number of longstanding barriers in this 
area. She was the first scientist to publish a paper in which real world industrial service water 
is used for studying the effect of antimicrobial-producing biofilms. She was also the first to 
achieve inhibition of Desulfosporosinus orientis, an especially damaging sulfur-reducing 
bacterium, and she is the first scientist to report on the simultaneous inhibition of two 
corrosive bacteria as a result of the applications of beneficial biofilms. 
Microbiology, Westfalische Wilhelms-Universitat Munster, Germany, states: 
I am not personally acquainted with [the petitioner] but am well aware of her work through 
her publications and through my position as the Editor in Chief of the journal Applied 
Microbiology and Biotechnology. 
[The petitioner] has demonstrated an excellent capacity to make new discoveries, as 
evidenced by the groundbreaking papers that she has published. She made the pioneering 
discovery of a plant-derived biofilm inhibitor, ursolic acid. While investigating how ursolic 
acid inhibits biofilm formation she discovered that it promotes cell motility. She was the first 
person to discover that sulfur metabolism affects biofilm formation in this research. 
Additionally, she is the first scientist to establish that the quorum-sensing signal autoinducer 
2 has a direct role in biofilm formation. She made the original identification of a new global 
Page 5 
regulator protein, MqsR, which controls 108 proteins and induces the expression of quorum- 
sensing regulon QseBC to promote cell motility, thus leading to biofilm formation. 
[The petitioner] also made original contributions to our understanding of biocorrosion in her 
study of biocorrosion inhibition through the use of beneficial antimicrobial biofilms. [The 
petitioner] used process water from the Three Mile Island nuclear power plant in this 
research. She is the first scientist to publish a successful report of the inhibition of 
biocorrosion caused by sulfate-reducing bacteria biofilms using real world process water, 
suggesting potential application of this novel strategy in industry. In another paper [the 
petitioner] made the first ever report of the successful simultaneous inhibition of two 
deleterious bacteria. 
Not only has [the petitioner] consistently made new and important discoveries, but her work 
also has broad practical applications, benefiting biomedical and industrial research and 
opening up new fields of inquiry for other researchers. [The petitioner's] study of ursolic 
acid and the mechanisms of biofilm formation and inhibition raises the potential of 
developing a new and highly effective treatment for biofilm infections. As a result of her 
work with biocorrosion, [the petitioner] has collaborated with AmerGen Energy and received 
a request for collaboration from Henkel Co. The Electric Power Research Institute has 
conducted experiments based on [the petitioner's] study successfully proving corrosion 
reduction at field test sites at Three Mile Island. This industrial interest and collaboration 
indicates the wide importance and applicability of [the petitioner's] work. 
r of Research and Director of the Center for Biofilms, School of 
Dentistry, University of Southern California, states: 
I have not previously supervised [the petitioner's] work or collaborated with her. 
First, [the petitioner] discovered a biofilm inhibitor that effectively inhibits and reduces 
biofilm formation for many different bacteria, including deadly E. coli, without triggering 
antibiotic resistance. . . . For this research [the petitioner] used the sophisticated and 
sensitive biotechnology technique of DNA microarray technology to investigate the 
mechanism of biofilm inhibition by ursolic acid. She found that, ursolic acid encourages cell 
motility; once biofilm cells become too motile they become unstable and can no longer stay 
on the substrate. Additionally, [the petitioner] was the first person to discover that sulfur 
metabolism, through the expression of the cysB gene, influences biofilm formation. . . . She 
has gone on to make even more groundbreaking discoveries in the mechanism of biofilm 
formation. 
[The petitioner's] further discoveries resulted in her being the first person to describe and 
characterize the direct link between the quorum-sensing signal AI-2 and biofilm formation, 
and to discover a novel global regulator protein, MqsR, which enables cell motility, a 
necessary condition of biofilm formation. Although previous research had suggested a 
connection between AI-2 and biofilm formation, [the petitioner] made the bold and 
innovative discovery of AI-2's role in directly stimulating biofilm formation in many 
bacteria, including E. coli. [The petitioner's] discoveries formed the basis for the description 
of the pathway of AI-2 control of biofilm formation, which was later proven by the deletion 
mutant assay technique. 
[The petitioner's] second major contribution to the biofilm field is her work in the control of 
biocorrosion using beneficial antimicrobial-producing biofilms. . . . Biocides and other 
traditional methods are insufficient at killing deleterious biofilms, especially sulfate-reducing 
bacteria biofilms. However, [the petitioner's] highly original strategy of fighting deleterious 
biofilms with beneficial biofilms has proved highly effective, with up to a 20-fold decrease in 
corrosion rate from sulfate-reducing bacteria. [The petitioner] used real world industrial 
service water from Three Mile Island in her study, an innovative strategy that has 
distinguished this work. The beneficial bacteria that [the petitioner] used produce 
antimicrobials inside the biofilm layer, thus brilliantly circumventing the challenges posed by 
the biofilm matrix transportation barrier. [The petitioner's] research is highly significant 
because it is the very first report of the use of antimicrobial-producing biofilms against 
sulfur-reducing bacteria using real world industrial process water. Additionally, [the 
petitioner] is the first scientist to report the successful simultaneous inhibition of two 
corrosion-causing bacteria. This work has resulted in two papers describing [the petitioner's] 
pioneering findings . . . . 
Department of Microbiology, 
National Polytechnic Institute, National School of Biological Sciences, Mexico, states: 
I am . . . familiar with [the petitioner's] research through her highly regarded publications in 
international scientific journals, one of which was cited in my own paper. 
[The petitioner's] pioneer work involves a lot of "the first" in terms of scientific findings. 
[The petitioner's] contributions to biofilm field can be concisely summarized as follows: 1) 
the discovery of a novel natural biofilm inhibitor ursolic acid and the underlying mechanisms 
which includes the role of sulfur metabolism in biofilm formation, 2) the clarification of the 
direct role of quorum sensing signal AI-2 in biofilm formation, 3) the discovery of a global 
motility quorum-sensing regulator MqsR, 4) the development of a novel biocorrosion control 
methods using regenerative antimicrobial-producing biofilms, through this method, a 
dramatic biocorrosion reduction in real-world process water and inhibition of corrosion 
caused by multiple corrosive biofilms were achieved for the first time. Among these 
achievements, the discovery of ursolic acid as an effective biofilm inhibitor is revolutionary 
. . .. [The petitioner] found for the first time in literature that quorum-sensing molecule AI-2 
DIRECTLY stimulates biofilm formation, and for the first time an unknown protein MqsR 
was found to regulate this procedure through a series of motility regulon genes. The 
significance of these findings can not be underestimated since AI-2 is a non-species specific 
quorum-sensing signal, the regulation of AI-2 mediation of biofilm formation by MqsR thus 
provides a target for broad-spectrum drugs against numerous recurring biofilm infections; 
moreover, since MqsR regulates 108 unknown genes, it provides numerous opportunities for 
scientists to identify many new proteins involved in the pathways of biofilm formation, thus 
helping to develop novel strategies of biofilm control. 
Israel Institute of Technology, states: 
I have never met [the petitioner], nor have I ever collaborated with her, but I am very familiar 
with her work through my search of the scientific literature. [The petitioner] is an excellent 
researcher who has gained international recognition in the field of biochemical engineering 
as an expert in the area of biofilm research. . . . [The petitioner's] work has proved to be 
extremely original and important to the field and offers numerous unique and significant 
discoveries that have expanded our understanding of the biochemical and microbiological 
mechanisms of biofilms. 
[The petitioner's] research opened up new areas of research into other plant-based biofilm 
inhibitors, the role of the newly discovered MqsR protein, and the clinical applications of 
ursolic acid. This research has implications for combating infections and for food safety. 
In support of the preceding experts' statements, the petitioner submitted documentation showing 
dozens of cites to her published findings. These citations are solid evidence that other researchers 
have been influenced by the petitioner's work and are familiar with it. This evidence corroborates 
the independent experts' statements that the petitioner has made original contributions of major 
significance in her field. The record reflects that the petitioner's contributions are important not only 
to the institutions where she has worked, but throughout the greater field as well. Leading scientists 
from around the world have acknowledged the value of the petitioner's work and its major 
significance in her field. Accordingly, the petitioner has established that she meets this criterion. 
Evidence of the alien's authorship of scholarly articles in the field, in professional or 
major trade publications or other major media. 
The petitioner submitted evidence of her authorship of several articles in publications such as 
Applied Microbiology and Biotechnology, Corrosion Science, Biotechnology and Bioengineering, 
Journal of Bacteriology, and Applied and Environmental Microbiology. As discussed, the petitioner 
also submitted evidence of a significant amount of articles that cite to her work. Accordingly, we 
concur with the director's finding that the petitioner meets this criterion. 
In this case, the petitioner has satisfied three of the regulatory criteria required for classification as 
an alien of extraordinary ability. 8 C.F.R. Cj 204.5(h)(3). Pursuant to the statute and regulations, the 
petitioner qualifies for the classification sought. 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
totality of the evidence establishes an overall pattern of sustained national acclaim and extraordinary 
ability. The petitioner has also established that she seeks to continue working in the same field in 
the United States and that her entry into the United States will substantially benefit prospectively the 
United States. Therefore, the petitioner has overcome the stated grounds for denial and thereby 
established eligibility for immigrant classification under section 203(b)(l)(A) of the Act. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. Cj 1361. The petitioner has sustained that burden. Accordingly, the decision of the 
director denying the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.