EB1 Law Review AAO December 23 2011 Scholarly Articles, et. al

EB1 Law Review by Law Offices of Chris M. Ingram 

Scharly Articles

 8 C.F.R. 204.5(h)(3)(vi)

vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional, major trade publications or other major media;

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December 23 2011 – Scharly Articles, et .al (p5-6)

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Source Case

Scholarly Articles – (AAO – December 23 2011 – P5-6)

Context

In this case, the Petitioner (Indian), a physician researcher in the field of neuroradiology sought classification as an alien with extraordinary ability. At the time of the petition was made the Petitioner who was working as an Assistant Professor in the Department of Radiology in a university. The petitioner submitted documents showing his authorship of more than 50 scholarly articles in professional journals and nineteen book chapters.

AAO Decision

Although this category 8 C.F.R § 204.5(h)(3)(vi) was readily seen as being satisfied, the AAO subsequently considered the sheer number of scholarly articles and book chapters as part of the ‘Final Merits’ test in assessing whether’ the submitted evidence was sufficient to demonstrate the Petitioner’s sustained national or international acclaim as a radiologist and that his achievements have been recognized in the field of expertise. Simply put by AAO – a “career of acclaimed work in the field” as completed by Congress*

When the AAO considered all of the categories for which evidence was submitted it concluded that the petitioner’s achievements were commensurate with sustained national or international acclaim at the very top of his field.

*Cases Cited

AAO cited no case law.
* H.R. Re. No. 101-723, 59 (Sep. 19, 1990). 

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