Date of Decision: APR. 16, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dentist
Field: Public Health
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the work of others in the field: The petitioner met this criterion by reviewing a manuscript for the journal “Modern Research in Dentistry,” which is considered sufficient to fulfill this requirement.
Criteria Not Met:
Membership in associations: The petitioner’s membership in various associations was deemed insufficient to meet the USCIS criteria for membership requiring outstanding achievements judged by recognized national or international experts.
Original contributions of major significance: The evidence provided did not conclusively demonstrate that the petitioner’s contributions were of major significance to the field of dentistry in public health.
Leading or critical role: The petitioner’s role as clinical director was not deemed to have a significant impact on the outcomes of the organizations she was involved with, failing to meet the USCIS criteria for a leading or critical role.
Key Points from the Decision
Participation as a Judge:
The petitioner’s activity as a judge involved reviewing manuscripts, which was recognized as fulfilling the requirement for judging the work of others in the field.
Original Contributions of Major Significance:
The petitioner claimed her work significantly impacted a program recognized for contributions to oral health and dental education. However, the appeal board noted that while the petitioner had a positive community impact, her contributions did not extend significantly beyond her immediate environment to the wider field.
Leading or Critical Role Performed:
The petitioner served as the clinical director for a program that made notable local impacts. However, these impacts were not seen as significantly influencing the broader field or the outcomes of the organizations to a degree that would meet the stringent USCIS criteria.
Supporting Documentation
- Membership certificates and letters: Provided to support claims of eligibility under membership criteria.
- Letters of recommendation: Used to attempt to demonstrate the significance and impact of the petitioner’s contributions to her field.
- Documentation of roles and impacts: Submitted to establish the petitioner’s role and impact within her organizations.
Conclusion
Final Determination: The petitioner does not meet the required criteria to qualify under the EB-1 Extraordinary Ability category due to insufficient evidence of meeting at least three of the ten required criteria.
Reasoning: The evidence did not sufficiently demonstrate extraordinary ability across the necessary criteria, particularly in showing major significant contributions to the field or leadership roles of critical impact.
Next Steps: The petitioner may consider gathering more substantial evidence or exploring other visa categories more aligned with her qualifications and evidence available.
