Some Stringent Comments from USCIS

Followings are some examples of stringent opinions and comments from Citizenship and Immigration Services (USCIS) regarding immigrant petitions.

“Academic scholarships, including stipends, and student awards, cannot be considered prizes or awards in the petitioner’s field of endeavor.”

“Peer review is routine in the field; not every peer reviewer enjoys sustained national or international acclaim.” "Reviewing manuscripts is recognized as a professional obligation of researchers who publish themselves in scientific journals or attend conferences."

"Without evidence such as the beneficiary reviewed articles for a journal or conference that credits a small, elite group referees, evidence of a large number of independent requests from a substantial number of journals articles, or evidence the beneficiary's service in an editorial position extended over a substantial period of time, the Service cannot conclude the beneficiary's judging experience is indicative of international recognition."

“A patent is not necessarily evidence of a track record of success with some degree of influence over the field as a whole.”

“Publication of scholarly articles is not automatically evidence of sustained acclaim.” "Authorship and publication is a normal part of a searcher's duties." "The very act of publishing one's research does not constitute a scholarly contribution of major significance."

"Self cites or cites by other members of the research group do not establish widespread appeal or international recognition of the beneficiary's contributions. The limited amount of external citation regarding the beneficiary's work does not establish the outstanding nature of the beneficiary's publications."

“Five independent citations of an article is not evidence that the article is widely cited.”

“While a research institute may have a distinguished reputation, we cannot conclude that every postdoctoral researcher who plays an important role in a laboratory at a distinguished institute plays a leading or critical role for the institute as a whole.”

“The petitioner’s subjective assurance that the alien will, in the future, serve the national interest cannot suffice to establish prospective national interest.”

“University study is not a field of endeavor, but, rather, training for future employment in a field of endeavor. The beneficiary’s scholastic achievement may place her among the top students at her educational institution, but it offers no meaningful comparison between the beneficiary and experienced professionals in the research field.”

“Participation in scientific conferences and symposia is routine and expected in the scientific community. Participation in such events does not justify a projection of future benefit to the national interest, nor does it warrant a waiver of the labor certification process.”

“Publication, by itself, is not a strong indication of impact in one’s field, because the act of publishing an article does not compel others to read it or absorb its influence.”

“While letters from colleagues are important in establishing the petitioner’s role on a specific project, they cannot establish the influence of the work outside the petitioner’s immediate circle of colleagues.”

"Assertion about the value of the beneficiary's work does not establish or imply international recognition."


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