dismissed EB-1B Case: Agricultural Engineering
Decision Summary
The appeal was dismissed because although the Beneficiary met three of the initial evidentiary criteria, the AAO conducted a final merits determination and found the totality of the evidence was insufficient to demonstrate that he is internationally recognized as outstanding in his field. The decision affirmed that meeting the minimum number of criteria does not automatically grant eligibility, and the evidence provided did not rise to the level of international recognition.
Criteria Discussed
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U.S. Citizenship and Immigration Services In Re : 13880783 Appeal of Nebraska Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date : WL Y 22, 2021 Form 1-140, Immigrant Petition for Alien Worker (Outstanding Professors /Researchers) The Petitioner, an agricultural technology company, seeks to classify the Beneficiary as an outstanding professor or researcher in the field of agricultural engineering . See Immigration and Nationality Act (the Act) section 203(b)(l)(B), 8 U.S.C. § l 153(b)(l)(B) . The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary is internationally recognized as outstanding in his academic field. On appeal, the Petitioner submits additional documentation and a brief asserting that the Director overlooked or did not properly evaluate evidence in the record, and that this evidence establishes that the Beneficiary qualifies under the high standards of this immigrant visa classification . In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. I. LAW The statute requires that beneficiaries under this immigrant visa classification should stand apart in their academic area based on international recognition. To establish a professor or researcher's eligibility , a petitioner must provide initial qualifying documentation that meets at least two of six categories of specific objective evidence and demonstrates the beneficiary is recognized internationally within the academic field as outstanding. Specifically, section 203(b )(1 )(B)(i) of the Act provides that a foreign national is an outstanding professor or researcher if: (i) the alien is recognized internationally as outstanding in a specific academic area, (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and (iii) the alien seeks to enter the United States [for a qualifying position with a university, institution of higher education, or certain private employers]. To establish a professor or researcher's eligibility, a petitioner must provide initial qualifying documentation that meets at least two of six categories of specific objective evidence set forth at 8 C.F.R § 204.5(i)(3)(i)(A)-(F). This, however, is only the first step, and the successful submission of evidence meeting at least two criteria does not, in and of itself: establish eligibility for this classification. When a petitioner submits sufficient evidence at the first step, we will then conduct a final merits determination to decide whether the evidence in its totality shows that the beneficiary is internationally recognized as outstanding in his or her academic field. 1 8 C.F.R. § 204.5(i)(3)(i). Finally, the regulation at 8 C.F.R. § 204.5(i)(3)(ii) provides that a petition for an outstanding professor or researcher must be accompanied evidence that the foreign national has at least three years of experience in teaching and/or research in the academic field. II. ANALYSIS The Beneficiary received his both his Master of Science degree (2012) and Ph.D. (2015) in Biological Engineering from University ofc===J_He is currently employed as a "Designed Field Research Data Engineer" at the Petitioner'1._______J Missouri location. In his decision, the Director found that the Beneficiary met three of the evidentiary criteria, thus satisfying the initial evidence requirement, but that the totality of the record did not establish the requisite international recognition in his field. Upon review, we agree with the Director that the evidence demonstrates the Beneficiary's service as a judge of the work of others, original scientific or scholarly research contributions to the academic field, and authorship of scholarly articles. As he therefore meets the initial evidence requirements, we will consider all the evidence of record when conducting the final merits determination. In a final merits determination, we analyze a researcher's accomplishments and weigh the totality of the evidence to evaluate whether a petitioner has demonstrated, by a preponderance of the evidence 2, that the beneficiary's achievements are sufficient to demonstrate that he has been internationally recognized as outstanding in the field of endeavor. See section 203(b)(l)(B)(i) of the Act; 8 C.F.R. § 204.5(i)(3)(i). In this matter, we agree with the Director that the Petitioner has not shown the Beneficiary's eligibility. 3 1 USCIS has confirmed the applicability of this two-step analysis to evaluate the evidence submitted with the petition to demonstrate eligibility for classification as an outstanding professor or researcher. See 6 USC1S Policy Manual F.3(B), https://www.uscis.gov/policy-manual. 2 A petitioner must establish that the beneficiary meets the eligibility requirements of the benefit sought by a preponderance of the evidence. Matter of Chawathe, 25 I& N Dec. 369, 375-76 (AAO 2010). In other words, a petitioner must show that what it claims is "more likely than not" or "probably" true. To determine whether a petitioner has met its burden under the preponderance standard, we consider not only the quantity, but also the quality (including relevance, probative value, and credibility) of the evidence. Id. at 376; Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm'r 1989). 3 In the final merits analysis, the Director's decision discussed the documentation relating to the Beneficiary's peer review activities, research contributions, published and presented work, and citation evidence, and explained why that evidence, as part of the entirety of the record, was insufficient to demonstrate the Beneficiaiy's recognition as outstanding at the international level. 2 The Petitioner argues on appeal that it has established by a preponderance of the evidence that "the Beneficiary is internationally recognized as outstanding in his academic field." The Petitioner contends that the Beneficiary's peer review work, service on editorial boards, and participation on grant review panels show that the Beneficiary is internationally recognized as outstanding in the field of agricultural engineering. It further states that the Director disregarded letters of support "from national and international experts" attesting to the Beneficiary's research contributions in the field. Additionally, the Petitioner asserts that the Director did not properly consider the impact of the Beneficiary's research articles and the prestige of the journals that published his work. It is important to note that the controlling purpose of the regulation at 8 C.F.R. § 204.5(i)(3)(i) is to establish a beneficiary's international recognition, and any evidence submitted to meet these criteria must therefore be to some extent indicative of international recognition. More specifically, outstanding professors and researchers should stand apart in the academic community through eminence and distinction based on international recognition. Employment-Based Immigrants, 56 Fed. Reg. 30703, 30705 (proposed July 5, 1991) (enacted 56 Fed. Reg. 60897 (Nov. 29, 1991)). Therefore, to the extent that the Director first determined that the evidence satisfied the plain language requirements of specific evidentiary criteria, and then evaluated whether that evidence, as part of the entirety of the record, was sufficient to demonstrate the Beneficiary's recognition as outstanding at the international level, his analysis was in keeping with the statute, regulations, and policy pertaining to the requested immigrant visa classification. As it pertains to the Beneficiary's participation as a judge of the work of others, the Petitioner submitted documentation indicating that he reviewed papers (41) for Remote Sensing, Water, International Journal of Environmental Research and Public Health, Sustainability, Ecological Economics, Environmental Modelling & Software, Journal of Hydrology: Regional Studies, International Journal of Modelling and Simulation, Open Biotechnology Journal, Hydrological Sciences Journal, Journal of Soil and Water Conservation, Agronomy Journal, Indian Journal of Soil Conservation, and Open Agriculture. The Petitioner also provided Scimago "Journal Rankings" information listing Remote Sensing as 28th among "Earth and Planetary Science" journals, Ecological Economics as 20th among "Environmental Science" journals, and Agronomy Journal as 41 st among "Agronomy and Crop Science" journals. Additionally, among "Water Science and Technology" journals, the Scimago information ranked Journal of Hydrology: Regional Studies as 17th and Hydrological Sciences Journal as 36th, respectively. Furthermore, the record includes Google Scholar rankings listing Water as 8th among "Water Supply & Treatment" journals. Both initially and in response to the Director's notice of intent to deny (NOID), the Petitioner presented information from Publons.com listing "Agricultural Engineering" researchers in descending order based on the number of "Verified Reviews" they completed. The Petitioner contends that the number of paper reviews ( 41) the Beneficiary had performed at the time of filing the petition "places him within the top 7% of his field globally." The information from Publons.com, however, does not include the Beneficiary in its "Agricultural Engineering" researchers "Verified Reviews" results. 4 4 For example, the initially submitted Publons.com results list Nawa Raj Baral at 33rd with 43 reviews and Massimo Brambilla at 34th with 41 reviews. The results presented in response to the NOTO list Massimo Brambilla at 34th with 42 3 Additionally, the Petitioner submitted a March 12, 2020 email to the Beneficiary, entitled "Interested in the Editorial Board or as an Editor" fromj I for Open Agriculture. I I states: "I am very happy to welcome you in our team. Below you can find the list of topics we have in our journal. Please, think of one or few of which you would like to be responsible for and let me know .... Please, also register in our editorial manager online system." The record also includes two additional emails (dated March 23, 2020 and April 3, 2020) fromD I Ito the Beneficiary, entitled "Please handle this manuscript as an Editor." These emails both state: "I would like to invite you to take on the above assignment as an editor. Please log onto Editorial Manager as an editor to view the details and PDF. Then please agree or decline this assignment." The Petitioner, however, did not submit evidence indicating that the Beneficiary completed these two editorial assignments or that he has otherwise judged the work of others in an editorial capacity for Open Agriculture prior to or at the time of initial filing. See 8 C.F.R. § 103.2(b)(l), (12). The record contains another email (dated September 2017) to the Beneficiary, entitled "Interested in serving in the Editorial Board" from~------------------~ This email states: "We have received your profile for the editorial board and we are happy to add you as one of our board members in our journals. . . . We are seeking research contribution from your scholars and budding researchers. Initiate your scholars to publish the papers in our group of journals and organizing National/International conference in your premises." The Petitioner, however, did not offer evidence showing that the Beneficiary has judged the work of others in his editorial position forl I I I including! !International Journal of Agriculture & Environmental Science. The Petitioner also provided LJ2019 webpage from the Journal of Spatial Hydrology that lists the Beneficiary as one of nine editors of the journal. Another web page offered by the Petitioner identifies the Beneficiary as a member of the editorial board for American Research Journal of Agriculture. Additionally, the Petitioner submitted two emails to the Beneficiary from staff at Resource (a magazine of the American Society of Agricultural and ~iologicj1 Engineers) di~ the agenda for the publication's upcoming editorial board meetings i (July 2018) andL__J (July 2019). The record, however, does not include evidence showing that the Beneficiary has judged the work of others in the aforementioned editorial positions. In addition to not providing evidence of the editorial work the Beneficiary completed for Open Agriculture, I I Journals, Journal of Spatial Hydrology, American Research Journal of Agriculture, and Resource, the Petitioner has not submitted evidence showing the international stature of these publications or that serving on their editorial boards signifies eminence and distinction based on international recognition. While the Petitioner has offered some information about these publications from their websites, USCIS need not rely on the self-promotional material of the publisher. See Braga v. Poulos, No. CV 06 5105 SJO, ajf'd 317 Fed. Appx. 680 (C.A.9). reviews and Samira Zareei at 35th with 33 reviews. Without information fi-om Publons.com specifically identifying the Beneficiary and the number of reviews he completed, the aforementioned results do not conoborate the Petitioner's claim that the Beneficiary falls "within the top 7% of his field globally." Furthermore, the reviewers listed in the aforementioned results are limited to those who enrolled in the Publons.com peer review tracking service. As such, the Petitioner has not shown that the scope of the researcher list it provided from Publons.com sufficiently represents the full academic field. 4 Furthermore, the Petitioner provided a May 26, 2020 email from an Assistant Editor with Sustainability inviting the Beneficiary to serve as "Guest Editor to lead a Special Issue" of the journal. This May 26, 2020 invitation to serve as a Guest Editor for Sustainability, however, post-dates the filing of the petition. See 8 C.F.R. § 103.2(b)(l), (12). Regarding the Benefic · ' · · tion on a re · · I I gran'f"---L""""'-' ........ ......._........,._........_...........,""'"'""'..........._,""""""'............,"""'--='---'-"'-""---'-'........,"-"'----'"'-""-'-'""""""........,,............,;"'-'--'-........... ......, December 2018 fro '------------~ , United States Department of Agriculture (USDA), stating: I wish to express my sincere appreciation for your service on the virtual panel for the .__ ________ ____. program . . . . Your expertise was invaluable in the thorough review of the proposals submitted to this program. Your participation on the review panel helped us ensure that each proposal received a fair and unbiased evaluation .... We are grateful for your assistance and hope that you will be willing to participate in the peer review process in the future. The record also includes information from the USDA, entitled "The._l _ ___.I Peer Review Process for Competitive Grant Applications." This information states: Many competitive programs utilize a panel manager who is selected by the program leader to assist with administration of the program. The program leader and panel manager aim to assemble a diverse panel active in research, education, and/or extension ... related to the subject matter in question. The goal is to create a balanced panel with the necessary expertise to cover the range of the proposals, while also maintaining diversity in geographical location, institution size and type, professional rank, gender, and ethnicity. Additionally, the Petitioner presented a February 2020 letter from,.._ __ -,-___ __, associate professor of agricultural and biological engineering at University o_,L_r-------'-' .......... ....,ating that she has served as a "panel manager" for USDA'sl I grant program . .__ ___ _.farther stated: "I on behalf of USDA invited [the Beneficiary] to sit on the panel for reviewing and allocating fonds for the 2019 and 2020c=]grant proposals .... " The Petitioner, however, has not shown, for example, how the Beneficiary's participation on a~ I review panel sets the Beneficiary apart as outstanding in his field or otherwise gamers him a level of attention indicative of international recognition. Furthermore] bl aimed that "[ t ]he task of critically reviewing proposals and allocating fonds can only be accomplished successfully with the help of outstanding researchers." Likewise, in her July 2019 letter discussing the Beneficiary's peer review activity as a manuscript evaluator for various journals, I J ~ [ I I for Environmental Modelling & Software, asserted that she seeks "help from experts in the field who are exceptional and internationally recognized." Merely repeating the language of the statute or regulations, however, does not satisfy a petitioner's 5 burden of proof Fedin Bros. Co., Ltd. v. Sava, 724 F. Supp. 1103, 1108 (E.D.N.Y. 1989), affd, 905 F.2d 41 (2d Cir. 1990). An evaluation of the significance of the Beneficiary's judging experience is appropriate to determine if such evidence is indicative of the outstanding achievement required for this classification. 5 Here, the Petitioner has not established that the Beneficiary's participation as a reviewer is indicative of or consistent with being recognized internationally as outstanding in his academic area. In many scientific and academic fields, peer review is a routine part of the process through which articles are selected for publication or presentation at conferences, and through which research projects are evaluated for funding. Participation in the peer review process does not automatically demonstrate that an individual is internationally recognized as outstanding in his academic field. Without evidence that sets the Beneficiary apart from others in the field, such as evidence that he has completed reviews for a substantial number of distinguished journals or conferences relative to others in his field, served in editorial positions for highly regarded journals or publications, or chaired evaluation committees for reputable conferences prior to or at the time of initial filing, the Petitioner has not established that the Beneficiary's peer review experience has resulted in, or is reflective o±: recognition at an international level for being outstanding in the field. With respect to the Beneficiary's research contributions, the rel"-'-'-'r..,..__........,.....,,.........,........,l.._.,ters of support discussing his research projects with~---------~and 6 For exam le regarding the Beneficiary's research involving agricultural data modelling for the .__ __ ...,---1-----' I I, 7 1 I, a professor afl I University o m Germany, indicated that the Beneficiary "developed an innovative framework -I b -to incorporate all available land uses for the respective study area inl I The I I web application aimed to enable I I users to perform common, but complex, operations on input data/output data used in the model." I t further stated that 1 ~ is open to public for free and is available for research/educational use. As per thel., , , u u l website stats, there were 444 users registered in 2017 from various countries ... who have appliedl I in their research." Whilel !asserted that he has "used the land use change concepts within thel I I I developed by [the Beneficia~is modeling research projects, the record does not show that the Beneficiary's work to enhanceL__J has been extensively cited by independent researchers, has widely influenced his field, or has otherwise risen to the level of a contribution that is recognized internationally as outstanding. 5 See 6 USC1S Policy Manual, supra, at F.3(B)(l) (stating that a beneficiary's participation as a judge should be evaluated to determine whether it was indicative of the beneficiary being recognized internationally as outstanding in a specific academic area). 6 Both I I ( currently an associate professor atl I university) an~ k currently a researcher at the .__ ____________ ____., have coauthored multiple research articles with the Beneficiary. I I indicated that he "served as [the Benr'iciary's] research supervisor for both his master and doctoral degree program at the University ot1 t' In addition stated that he "served as a researcher (2004-2011) and an instructor (2011- 2015) at the University otj I' Additionally, while we discuss a sampling of the letters of support, we have reviewed and considered each one. 7 1 I explaine,d that thd .lis a public domain! I model that was "developed byl land his team" in the 1990s."" 1 ..... ':.::~::=furilier stated that while 'c=J has ~llwLride applications for numerous I I assessment studies (over 3,800 manuscripts have been published usingl_______J," it lacked "land use change dynamics in the models." 6 LikewiseJ l a researcher at th,--1- _______ _J Research and Development in Sardinia, explained that "a conventional model setu enerres hydlological response units by processing soils, slope, and original'---;:====;----------' data. However, [the Beneficiary set up the model using a modified! I layer along with soils and slope data to separately identify marginal and non-margina~ I response units in the model.'I I also indicated that the Beneficiary's "results were particularly intyestingl as [his] new targeting approach ... advances the science in landscape representation in the model and has high potential to be used in future targeting studies for researchers in different parts of the world where bioenergy crops part targeted on marginal lands." In addition, whilel !asserted that the Beneficiary's "simulation approach provides a pathway in reporting the most accurate targeting results," his statements are not sufficient to demonstrate that the Beneficiary's findings have affected the field of agricultural engineering in a substantial way that signifies international recognition or outstanding achievement in the academic field. 8 With regard to the Beneficiary's work relating to the _____________ ~-~ □ I I a Research Hydrologist at the USDA''l....--~~--------,---.--...,.....! the Beneficiary "conducted an extensive research to model the impacts of seve conservation nractices oq water quality in one of thd~--~~ocus watersheds - I ~I J farther asserted that "[t]he results reported by [the Benef~ic-i-ary_]_fo_r_e_a_c_h_o~f the seven practices provided an insight to the extent water quality is getting impacted when a specific management practice is implemented," he did not offer specific examples of how the Beneficiary's findings have been widely utilized in the agricultural industry or have otherwise influenced the field at a level commensurate with being internationally recognized as outstanding. 9 Regarding the Beneficiary's work for the Petitioner,! I the company's Intellectual Property Scientist, indicated that the Beneficiary "is the primary inventor contact on an invention disclosure, entitled! t In addition,! ~: "This invention disclosure and the associated research contributing to developing new and innovative methods to clean combine derived grade yield data has significant impact on how our customers evaluate [ the Petitioner's] digital offerings and the value that is generated." The record, however, does not show that the Beneficiary's data cleaning methodology has had a meaningful impact in the academic field beyond the Petitioner or has otherwise been recognized internationally as outstanding in the agricultural industry. The Petitioner argues that the aforementioned letters of support describe the Beneficiary's "noteworthy achievements and research contributions to the field" and establish that he is "internationally recognized as outstanding in his academic field." The expert testimonials offered by the Petitioner, however, do not contain sufficient information and explanation, nor does the record include adequate corroborating evidence, to show that the Beneficiary's work is viewed by the overall 8 According to April 2020 citation information the Petitioner submitted from Google Scholar, the Beneficiary and D I Is article presenting this work has received 28 citations since its publication in 2016 (including multiple self- citations ). 9 The Petitioner submitted April 2020 information from Google Scholar indicating the Beneficiary anol Is article presenting this work has received 15 citations since its publication in 2018 (including multiple self-citations). We recognize that research must add information to the pool of knowledge in some way in order to be accepted for publication, presentation, funding. or academic credit, but not every research finding that broadens knowledge in a particular field renders an individual's work as outstanding or internationally recognized in his academic area. 7 I I academic field, rather than by a solicited few, as substantially influential or otherwise indicative of international recognition. The Petitioner also maintains that the Beneficiary's publication record renders him internationally recognized as outstanding in his field. The Petitioner states that the Beneficiary "has published nine scientific papers in scholarly journals with international circulation in his field" since 2012. The record contains information about several of the journals in which the Beneficiary has published his work, including Environmental Modelling & Software, Water, and Agricultural Water Management. For example, the Petitioner provided Google Scholar rankings listing Water as 8th among "Water Supply & Treatment" journals and Agricultural Water Management as 10th among "Agronomy and Crop Science" journals. In addition, the Petitioner presented a webpage from the publisher of Environmental Modelling & Software listing the journal's "5-Year Impact Factor" as 5.093. Publication in a highly ranked journal in-and-of-itself is insufficient to demonstrate that a beneficiary is recognized internationally as outstanding in the academic field. Moreover, that a publication bears a high ranking or impact factor is reflective of the publication's overall citation rate. It does not, however, show the influence of any particular author or demonstrate how an individual's research has had an impact within the field. As authoring scholarly articles is often inherent to the work of professors and researchers, the citation history or other evidence of the influence of the Beneficiary's articles can be an indicator to determine the impact and recognition that his work has had on the field and whether his articles demonstrate that he is internationally recognized as outstanding in the academic field. 10 Here, the Petitioner submitted April 2020 information from Google Scholar indicating that the Beneficiarv's five highest cited articles, entitled 1 I (2016), I (2017), I 1(2018), 1 I I (2018), and I.____ __________ __. I 1(2012),eachreceived28, 17, 16, 15,and6citations, respectively. 11 The Petitioner did not specify how many citations for each of these individual articles were self-citations by the Beneficiary or his coauthors. Moreover, in response to the Director's NOID, the Petitioner provided an updated Google Scholar list reflecting a nominal increase of citations to the Beneficiary's individual articles, but the Petitioner did not indicate how many of these additional citations occurred in papers published prior to or at the time of initial filing. See 8 C .F .R. § 103 .2(b )( 1 ). Furthermore, the Petitioner provided 2019 data from Clarivate Analytics regarding baseline citation rates and percentiles by year of publication for "Agricultural Sciences" and "All Fields." The Petitioner contends that, based on their citation counts from Google Scholar, "three of [the Beneficiary's] research publications rank within the top 10% most-cited articles among those published in all research disciplines as well as specifically the research discipline of Agricultural 10 See 6 USCIS Policy Manual, supra, at F.3(B)(l) (stating that a beneficiary's authorship of books or articles should be evaluated to determine whether they were indicative of the beneficiary being recognized internationally as outstanding in a specific academic area). 11 The Beneficiary's remaining articles were each cited less than five times. 8 Sciences for their respective publishing years." The Petitioner did not indicate whether it factored in any self-citations in determining the three papers' percentile rankings. In addition, the Clarivate Analytics citation data is from 2019 and therefore does not capture citations that occurred after 2019, while the Beneficiary's Google Scholar citation report is dated April 2020. 12 Because the Clarivate Analytics data is not contemporaneous with the Beneficiary's Google Scholar data, the Petitioner has not shown that the former provides a proper analysis of the Beneficiary's citation record. Moreover, the documentation from Clarivate Analytics states that "[ c ]itation frequency is highly skewed, with many infrequently cited papers and relatively few highly cited papers. Consequently, citation rates should not be interpreted as representing the central tendency of the distribution." For the aforementioned reasons, the baseline citation rates and percentiles from Clarivate Analytics do not establish that the Beneficiary's research articles are recognized internationally as outstanding in his academic field. 13 Additionally, the Petitioner submitted examples of several articles, including international articles, which cited to the Beneficiary's work. A review of those articles, though, does not show the significance of his research or demonstrate that it has widel im acted the field. 14 For instance the Petitioner rovided an article entitled in which the authors cited to the Beneficia and 's a er entitled I rs (Agricultural Water Management). The article's authors identified the Beneficiary and I 's paper as one of four studies which reported that ~--------- (best management practices) achieve better results than individual BMP's." 15 This article, however, does not distinguish or highlight the Beneficiary's work from the 49 other papers referenced in the article. (Journal of Cleaner Production cites to the to the Beneficiar an s a er entitled L..----------------------r-~=E~n~v~ir~o........,nmental Modelling & Software). In this article, the authors referenced the Beneficiary and.__ ___ ___,s paper, as well as papers from two other research teams, stating that "[i]n previous studies, some researchers, for example t. al. (2015 , the Beneficia an~ I (2016 , and c=1t. al. (2018b , modified th .__~=--- ..... ' but noted that these earlier studies were limited because "they can only focus on hydrologic and water quality aspects." This article does not differentiate the Beneficiary's paper from the 65 other papers referenced in the article or otherwise demonstrate that his work is outstanding. 12 The Petitioner's response to the NOID included information from Clarivate Analytics stating that its citation "data is updated six times a year" (every two months). 13 According to the data rrom Clarivate Analytics, "Agricultural Sciences" papers published in 2019 receiving only two citations are in the top 10%. The Petitioner has not demonstrated that papers with such a citation count are necessarily internationally recognized in the academic field as outstanding by being among the top 10% of most highly cited articles according to year of publication. 14 Although we discuss representative sample a1iicles here we have reviewed and considered each one. 15 Specifically, the ~uthes referenced the Be:ficiary and[ . Is paper (foo~note 45) as we)l as papers by three other research teams, statmg: I [37,44-46]." 9 While the Beneficiary's citations, both individually and collectively, show that the field has taken some notice of his work, the Petitioner has not established that the number of citations received by his published and presented work is sufficient to demonstrate a level of attention commensurate with being recognized internationally in his field. See section 203(b)(l)(B)(i) of the Act. Nor has the Petitioner shown that the amount of citations to the Beneficiary's work represents interest at a level consistent with outstanding achievement in the academic field. In addition the record indicates that the Beneficia and two others received an '----------,-----.---------..------=-----=--~--___,,--------' Blue Ribbon Award (2017) for their.__ ___ ~website. 16 In addition to the Beneficiary's award certificate, the Petitioner submitted information froml !discussing id I Blue Ribbon Awards program: Thel I Blue Ribbon A wards Competition ... promotes excellence in informational materials which contribute to the understanding of agricultural and biological engineering subjects outside of the traditional classroom setting. All members are encouraged to submit their new extension materials for peer evaluation. New material is considered that was produced in the 18 months prior to the entry deadline, January 25. For example, educational materials created in July 2018 are eligible for submission in the 2020 competition. Winners will be recognized in print and with presentation of their Blue Ribbon Certificate at the Annual International Meeting. This is an opportunity to recognize authors who do exceptional work and provide educational leadership beyond the classroom. The information from I I is not sufficient to demonstrate that the Beneficiary's award is commensurate with "major prizes or awards for outstanding achievement in the academic field." See 8 C.F.R § 204.5(i)(3)(i)(A). The Petitioner has not offered supporting evidence showing the Beneficiary's Blue Ribbon Award's stature in the field or its international significance. Nor has the Petitioner presented evidence demonstrating that the Beneficiary's award is recognized beyond the I I at a level commensurate with being internationally recognized as outstanding in the academic field. While the evidence indicates that the Beneficiary is a skilled researcher, the Petitioner has not established that he stands apart in the academic community through eminence and distinction based on international recognition. After consideration of the totality of the evidence of the Beneficiary's work in the field of agricultural engineering, including evidence of his I I Blue Ribbon Award, his research articles, citations to those articles by others in the field, his service as a peer reviewer, and the opinions of experts in the field, we conclude that this documentation does not sufficiently establish that he has been internationally recognized as an outstanding researcher in the field. 16 Thirteen other teams were similar! reco nized in 2017. See' https:/ b (last visited July 21, 2021). 10 Blue Ribbon A wards Past Winners" at III. CONCLUSION The evidence in the record demonstrates that the Beneficiary meets at least two of the evidentiary criteria, and thus the initial evidence requirements for this classification. A review of the totality of the evidence, however, does not establish that he is internationally recognized as an outstanding professor or researcher in the academic field. The appeal will be dismissed for the above stated reasons, with each considered as an independent and alternate basis for the decision. ORDER: The appeal is dismissed. 11
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