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\nOffice:VERMONT SERVICE CENTER  \nEAC0513150992  \nIN RE:  \nPetitioner:  \nBeneficiary  \nPETITION:Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section203(b)(1)(A)of the Immigration and Nationality Act,8 U.S.C.§1153(b)(1)(A)  \nON BEHALF OF PETITIONER:  \n# INSTRUCTIONS:\n\nThis is the decision of the Administrative Appeals Office in your case.All documents have been returned tothe office that originally decided your case.Any further inquiry must be made to that office.  \nManeuo22Robert P.Wiemann,ChiefAdministrative Appeals Office  \nDISCUSSION:The employment-based immigrant visa petition was denied by the Director,Vermont ServiceCenter,and is now before the Administrative Appeals Office(AAO)on appeal.On January 30,2007,thepetitioner requested that his appeal be withdrawn.The appeal will be dismissed based on its withdrawal bycounsel.The AAO will also enter a separate administrative finding of fraud and material misrepresentation.  \nThe petitioner sought classification as an employment-based immigrant pursuant to section 203(b)(1)(A)ofthe Immigration and Nationality Act (the Act),8 U.S.C.§1153(b)(1)(A),as an alien of extraordinary abilityin the sciences.Part 5 of the Form I-140 petition listed the petitioner's occupation as a researcher of plantphysiology.The director determined the petitioner had not established that he qualifies for classification as analien of extraordinary ability.  \nOn November 29,2006,in accordance with the regulation at 8 C.F.R.§103.2(b)(16)(i),this office issued anotice advising the petitioner of derogatory information indicating that he submitted falsified material insupport of his petition.The notice specifically observed that the petitioner signed the Form I-140,therebycertifying under penalty of perjury that \"this petition and the evidence submitted with it are all true andcorrect.”  \nRegarding the altered documents and their materiality to these proceedings,the AAO's notice stated:  \n8 C.F.R.§204.5(h)(3)(i)calls for documentation of the alien's receipt of lesser nationally orintermationally recognized prizes or awards for excellence in the field of endeavor.In support of yourpetition,you submitted a photocopy of what is alleged to be a “Certificate of Prize of NationalProgress of Science and Technology”presented to you in 2004.The AAO is in receipt of anotherversion of this document,alleged to be the original,which we shall refer to as the \"altered template.\"This altered template was created by gluing strips of paper bearing new text over existing text on thedocument.The new text superimposed on the altered template included your name,the name of apaper that you allegedly authored entitled“A Study of α-amylase During Development of AppleFruit,\"and a different serial number.For example,the altered template had an underlying serialnumber off1A thin strip of paper was then placed over this underlying serialnumber and glued to the document.This thin strip of paper bears a new serial number of_  \nThe altered template contained in the record (when photocopied)is identical to thephotocopy of the “Certificate of Prize of National Progress of Science and Technology”that yousubmitted to CIS.Thus,you have submitted what appears to be an altered prize certificate in supportof your petition.  \n*   *   *  \n8 C.F.R.§204.5(h)(3)(vi)calls for evidence of the alien's authorship of scholarly articles in the field,in professional or major trade publications or other major media.In support of your petition,yousubmitted what are alleged to be articles written by you appearing in Acta Botanica Sinica,ActaHorticulturae Sinica,and Journal of Fruit Science.After further investigation,it has been determinedthat you altered material written by other individuals and misrepresented their scholarly articles as yourown work:  \n1.The articl","cbCaip9XRB9JBzdU","https://ap.wps.com/l/cbCaip9XRB9JBzdU","pdf",1038595,8,"English","# INSTRUCTIONS\n## Decision and appeal outcome\n## Fraud and material misrepresentation findings\n## Altered prize certificate\n## Misrepresented scholarly articles and plagiarism\n## Requirements to contest findings","[{\"question\":\"Why was the immigrant petition dismissed on appeal?\",\"answer\":\"The AAO dismissed the appeal because the petitioner requested withdrawal of the appeal through counsel.\"},{\"question\":\"What fraud and material misrepresentation findings were entered?\",\"answer\":\"The AAO entered a separate administrative finding that fraudulent documents and willful misrepresentation of material facts were submitted in support of the petition.\"},{\"question\":\"What evidence issues led to the fraud finding?\",\"answer\":\"The AAO identified an altered prize certificate and concluded that scholarly articles were not genuinely authored by the petitioner, including name insertion and plagiarism of other individuals’ work.\"}]","Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability - AAO Decision on Fraud and Material Misrepresentation | PDF",1789563684]