Date of Decision: SEPT. 28, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Cardiologist
Field: Cardiology Research, specifically Takotsubo cardiomyopathy
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner provided evidence of peer review of scholarly articles submitted for publication in medical journals.
- Authorship of Scholarly Articles: The petitioner authored seven articles that were published in professional journals.
Criteria Not Met:
- Original Contributions of Major Significance: The petitioner’s contributions were not substantiated to have a measurable impact on the field of cardiology.
- Leading or Critical Role: The petitioner did not demonstrate that his fellowships involved a leading or critical role impacting the overall success or standing of the organizations.
Key Points from the Decision
Awards and Prizes Won:
- Not Applicable
Published Materials About the Petitioner:
- The petitioner authored articles published in professional journals but lacked evidence of significant impact within the field.
Original Contributions of Major Significance:
- The petitioner’s research on differentiating Takotsubo cardiomyopathy from acute myocardial infarction was original but lacked demonstrated significant impact on the field.
Participation as a Judge:
- The petitioner participated in peer review of scholarly articles, satisfying this criterion.
Membership in Associations:
- Not Applicable
Authorship of Scholarly Articles:
- The petitioner authored seven scholarly articles in professional journals.
Leading or Critical Role Performed:
- The petitioner did not demonstrate a critical role in his fellowships that impacted the organizations significantly.
Artistic Exhibitions or Showcases:
- Not Applicable
Evidence of High Salary or Remuneration:
- Not Applicable
Commercial Successes in the Performing Arts:
- Not Applicable
Supporting Documentation
- Emails Confirming Peer Review: Demonstrated participation as a judge.
- Published Articles: Authored seven articles in professional journals.
- Testimonial Letters: Described the originality of research but lacked evidence of significant impact.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the necessary criteria to demonstrate extraordinary ability in the field of cardiology.
Reasoning:
- The petitioner did not show evidence of contributions of major significance or a critical role in his professional engagements.
- Published work, while of high quality, did not demonstrate significant impact or recognition in the field.
Next Steps:
- The petitioner may consider gathering more substantial evidence of impact and critical roles in future applications or appeals.
