sustained EB-1A Case: Chemistry

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LIN03 206 51177 Office: NEBRASKA SERVICE CENTER Date: JAN 0 2008 
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. 9 1153@)(1)(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. 
U 
v~obert P. Wiemann, Director 
Administrative Appeals Office 
6. 
LIN03 206 51177 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service 
Center, and is now before the Administrative Appeals Office 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 the petitioner had not established the sustained national or international 
acclaim necessary to qualify for classification as an alien of extraordinary ability. 
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 to the United States will substantially benefit prospectively the 
United States. 
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. 
9 204.5(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 he has earned sustained national or international acclaim at the very top level. 
This petition, filed on June 23, 2003, seeks to classify the petitioner as an alien with extraordinary ability in 
the field of chemistry. At the time of filing, the petitioner was working in the Department of Chemistry at 
Ohio State University. 
The regulation at 8 C.F.R. § 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, international recognized 
award). Barring the alien's receipt of such an award, the regulation 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 satisfies the following three criteria. 
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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 speciJication for which classiJication is sought. 
The petitioner submitted evidence showing that he served in an editorial capacity and provided peer review 
services for a variety of scientific publications. We find that such evidence is adequate to satisfy this 
criterion. 
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related 
contributions of major signiJicance in the field. 
The petitioner submitted several letters of support. 
Starting with his research on heteropoly metallic complexes at Lanzhou University (1985-88), [the 
petitioner] showed that these fascinating molecules were catalytically active in the conversion of propyl 
alcohol to propylene, an industrially important chemical process. This fundamental research was 
followed up by a long period of productive work at the Henan College of Education (1988-2000), in 
which he rose rapidly through the ranks, from Lecturer to Associate Professor to Professor. While at 
Henan, [the petitioner] carried out pioneering research in several areas, including the use of chiral 
tetrahedral clusters as asymmetric catalysts. 
[The petitioner's] research at Henan was interrupted in the period 1996-1999 when he returned to 
Lanzhou, this time to take up a research position at the prestigious Lanzhou Institute of Chemical 
Physics (run by the Chinese Academy of Sciences). It was there that [the petitioner] carried out his 
seminal research in several important areas of science. (1) First and foremost was his beautiful work on 
"butterfly-type" clusters: high-nuclearity molecules with potential applications in nanotechnology. Also 
investigated were: (2) Diyne-coordinated clusters, which have important applications as polymeric 
materials; (3) Alkyne and alkynyl complexes, which can be considered as useful models for small 
molecules chemisorbed onto a metallic surface; and (4) Asymmetric complexes that have important 
catalytic properties for the manufacture of chiral pharmaceutical products. Most of the papers from that 
period were published in first-class Western chemistry journals, which certainly helped to establish [the 
petitioner's] reputation in the international chemical community. 
Lanzhou Institute of Chemical Physics, Chinese Academy of 
Sciences, Lanzhou, China, states: "[The petitioner] was the first to discover the regioselectivity of metal 
fiagment exchange reaction in linked tetrahedral cluster complexes. This finding is significant for 
constructing higher nuclearity hetero-nuclear cluster in well-defined dimensions and structure . . . ." 
observation, stating: 
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[The petitioner] discovered for the first time the regioselectivity of metal fragment exchange in linked 
clusters. This discovery is important for the construction of higher nuclearity clusters, which is an 
active field of study with important applications in areas of catalysis and materials science. . . . These 
results can serve as a model to understand the chemistry of reactive intermediates that are obtained in 
catalytic reactions. 
[The petitioner] proved to be a very innovative scientist through a series of original contributions that 
demonstrated that he is an outstanding researcher at the top of his field. He discovered that metal 
fragment exchange is regioselectivity in linked cluster complexes. His work showed that a two 
coordination mode can exist in linked RuCo? (CO) I, clusters in the solid state. [The petitioner] also 
synthesized and characterized a series of chiral tetrahedral cluster complexes. 
of the Laboratory of Surface Organometallic 
Chemistry, National Center of Scientific Research, Lyon, France, states: 
Although I am not personally acquainted with [the petitioner], I am very much aware of his research 
efforts in organometallic chemistry and lanthanide chemistry related to catalysis in the formation of 
polymeric materials. I am well acquainted with his publications that relate to my own research interests 
in catalysis. [The petitioner's] research result in the Lanzhou University, China indicated that one of 
heteropoly complex is of fine activity in the catalytic reaction of propyl alcohol to propylene. The 
propylene is an important start material for polyprorene. [The petitioner's] research efforts at the 
Lanzhou Institute of Chemical Physics, Chinese Academy of Science afforded basic information on 
testing of asymmetric catalysis with only chiral tetrahedral metal cluster frameworks. The challenge of 
synthesizing an asymmetric catalyst with a chiral metal cluster framework was overcome and a series of 
chiral tetrahedral cluster complexes were characterized. 
and Endowed Chair in the Department of 
Chemistry and Biochemistry, University of Notre Dame, states: 
[The petitioner's] original work on zirconium as well as lanthanide organohydroborate complexes is 
outstanding. First, it is innovative research of intrinsic value to the development of the field. Second, 
the work has immediate additional significance in the area of high-performance olefin polymerization 
catalysts. Further, he has contributed to a collaborative study of new type of bimetallic systems in 
which the properties of transition metals and lanthanides combine in a synergistic fashion to yield 
improved catalytic properties. Thus, on all three counts [the petitioner] has made substantial 
contributions. . . . 
of chemistry, Zhengzhou University, China, states: 
The most important one among many contributions [the petitioner] did in his research is that he found 
the regioselectivity of metal fragment exchange on metal clusters. This discovery makes "target 
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synthesis" for metal cluster possible and is considered as a breakthrough in the methodology of the 
synthesis of metal cluster because it is extremely difficult to control the formation of metal cluster. 
Bavarian Academy of Sciences and Professor Emeritus of the University 
of Munich, states: "The petitioner] has made significant contribution to the chemistry of metallocene and to 
the chemistry of lanthanide elements. In particular, he has found a method to activate C-H bonds by 
complexes of zirconium, reactions that are very useful in organic synthesis." 
Although I am not personally acquainted with [the petitioner], I am very much aware of his 
accomplishments in the area of organometallic chemistry related to catalysis. His work has been 
published in journals which impose very high standards on contributions. He has established a strong 
international reputation through these very significant, seminal publications. 
Publication, by itself, is not a strong indication of impact, because the act of publishing an article does not 
compel others to read it or absorb its influence. Yet publication can nevertheless provide a very persuasive 
and credible avenue for establishing outside reaction to the petitioner's work. If a given article in a 
prestigious journal (such as the Proceedings of the National Academy of Sciences of the U.S.A.) attracts the 
attention of other researchers, those researchers will cite the source article in their own published work, in 
much the same way that the petitioner himself has cited sources in his own articles. Numerous independent 
citations would provide solid evidence that other researchers have been influenced by the petitioner's work 
and are familiar with it. In this case, the petitioner submitted evidence indicating an aggregate of more than 
100 cites to his published work. This unusually large number of citations bolsters the witnesses' claims that 
the petitioner's findings are of major significance in the organometallic chemistry field. 
The record includes additional letters of support from researchers at the Massachusetts Institute of 
Technology, the University of Missouri - St. Louis, Northern Illinois University, and UOP, a company 
specializing in providing catalysts and process technology to the chemical and refining industries. We find 
that the record adequately demonstrates the petitioner's contributions are important not only to the research 
institutions where he has worked, but throughout the greater field. Leading scientists from around the world 
have acknowledged the value of the petitioner's work and its major significance to the scientific community. 
Therefore, we find that the petitioner's evidence satisfies this criterion. 
Evidence of the alien's authorship of scholarly articles in thejield, in professional or major trade 
publications or other major media. 
The petitioner submitted evidence of hls authorship of articles appearing in publications such as Journal of 
the American Chemical Society, Organometallics, Inorganic Chemistiy, Journal of Chemical Research, and 
Journal of Organometallic Chemistry. The petitioner also submitted copies of numerous articles that cite his 
work. 
In his second - "[The petitioner] has already published more than 40 papers in top-rated 
international journals . . . . Furthermore, his research work has been cited more than 100 times over a span of 
-a 
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only the last five years (1999-2004). This is an amazingly high citation rate, much better than many 
independent researchers who have established themselves in this area." 
As noted previously, the petitioner submitted evidence showing that his published articles are widely cited. When 
judging the influence and impact that the petitioner's published work has had, the very act of publication is 
not as reliable a gauge as is the citation history of the published works. Publication alone may serve as 
evidence of originality, but it is difficult to conclude that a published article is important or influential if there 
is little evidence that other researchers have relied upon the petitioner's findings. In this case, however, the 
unusually large number of cites to the petitioner's articles demonstrates widespread interest in, and reliance 
on, his work. We find that the petitioner's evidence is adequate to satisfy this criterion. 
Accordingly, the petitioner has satisfied three of the regulatory criteria required for classification as an alien 
of extraordinary ability. Pursuant to the statute and regulations as they are currently constituted, the petitioner 
qualifies for the classification sought. 
In review, while not all of the evidence presented in this matter carries the weight imputed to it by the 
petitioner, the totality of the evidence establishes an overall pattern of sustained national and international 
acclaim and extraordinary ability in the organometallic chemistry field. The petitioner has also established 
that he seeks to continue working in the same field in the United States and that his 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 the benefits sought under section 203 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. 5 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.