Date of Decision: May 24, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Anesthesiologist
Field: Medicine
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The petitioner served as a judge of posters at the Annual Meeting of the Chinese Society of Anesthesiology.
Scholarly Articles: The petitioner authored English language scholarly articles in journals such as the International Journal of Clinical and Experimental Medicine and the Journal of Neuroinflammation.
Criteria Not Met:
Membership in Associations: The petitioner was a member of several associations but did not provide sufficient evidence that these memberships required outstanding achievements judged by recognized experts.
Original Contributions of Major Significance: The petitioner provided research articles, presentations, patents, and reference letters, but did not sufficiently demonstrate that these contributions were of major significance in the field.
Leading or Critical Role: The petitioner provided letters and awards to support her claim of playing a critical role at a medical university, but did not provide detailed examples showing how her work was of significant importance to the organization’s outcomes.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving any nationally or internationally recognized awards that would support the criteria.
Membership in Associations:
The petitioner was a committee member of several medical associations but did not prove that these memberships required outstanding achievements judged by recognized experts.
Original Contributions of Major Significance:
The petitioner’s research articles and patents were recognized, but the evidence provided did not show they had a major impact on the field of anesthesiology.
Supporting Documentation
Judging Documentation: Evidence of judging posters at the Annual Meeting of the Chinese Society of Anesthesiology.
Scholarly Articles Documentation: Publications in recognized medical journals.
Membership Documentation: Letters and statements from association chairmen, but lacking detailed criteria for membership.
Original Contributions Documentation: Research articles, patents, and reference letters, but lacking detailed impact analysis.
Leading or Critical Role Documentation: Letters from university officials and awards, but insufficient detailed examples of critical contributions.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required evidentiary criteria to demonstrate extraordinary ability. While the petitioner met the criteria for judging and scholarly articles, the evidence for other criteria, such as membership in associations, original contributions, and leading or critical role, was insufficient.
Next Steps: The petitioner may consider gathering more substantial evidence of nationally or internationally recognized awards, detailed documentation of the selection process and achievements required for membership in associations, and specific examples of contributions and their impact on the field if reapplying.
