A Microbiologist | Alien of Extraordinary Ability | Topic

– I certify, under
penalty of perjury, that I have reviewed this
I-129 petition for Non-immigrant Workers, and that all of the
information contained in the petition is complete,
true, and correct. – The United States
Immigration and Nationality Act is over 1,000 pages long. Within these pages the INA
defines 75 different categories of non-immigrant visa. Located somewhere between the N7
and P1 category is the O-1 visa, intended for Aliens of
Extraordinary Ability [ ♪ music ♪ ] – Websters defines
extraordinary as, “going beyond what is
usual, or customary.” Our definition is
slightly more elaborate. The petitioner seeks
classification as an alien of extraordinary ability
as a Microbiologist. The regulations indicate
that an alien can establish extraordinary ability
through the receipt of a major, internationally
recognized award. The petitioner states… – In 2015 I received a
grant from the Russian Fund for Fundamental Investigations
for continued inquiry into the “biotransformation of
heterocyclic compounds.”>>However, a research grant
is not a prize or award for excellence in the field. Rather, it provides funding
for research that has not even happened yet at the
time of the award. While the grant application
process can be rigorous, it is in no way commensurate
with a national or international prize for excellence. The petitioner
goes on to state… – I am the holder of
six highly prestigious Russian inventors’ patents. – And yet, a patent itself
is also not a prize or award, but rather the predictable
result of a properly filed patent application. It recognizes originality
rather than excellence. Additional claimed prizes or
awards by the petitioner are actually nothing of the sort by
any reasonable definition of the terms “prize” and “award”. For example, the
petitioner argues… – My postdoctoral position
at the National Center for Toxicological Research
is itself a sort of reward, because the application
process is very competitive. – There are many coveted
jobs, at NCTR and elsewhere. Obtaining one of these jobs
may be a significant career achievement at the
individual level, but there is no evidence that
the petitioner’s achievements have received more recognition,
or that he has been responsible for more important findings,
than the vast majority of others in his field. The petition is denied. [ ♪ music ♪ ]

Yvette Parker


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