Date of Decision: February 28, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Doctor
Field: Urology (Integration of Traditional and Western Medicine)
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge:
The Petitioner satisfied this criterion by providing evidence of judging in the field of urology. - Authorship of Scholarly Articles:
The Petitioner met this criterion by authoring scholarly articles in reputable journals.
Criteria Not Met:
- Lesser Prizes or Awards:
The awards presented were not nationally or internationally recognized, as required by the regulation. - Published Material:
The material provided was not properly translated and did not include required details such as circulation figures or the publication date.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner presented several awards, but none were found to be nationally or internationally recognized. Examples include:
- Third prize awarded by a municipal government.
- First and second prize awards from the Medicine, which were deemed regional and not nationally recognized.
Published Materials About the Petitioner:
The Petitioner provided an article, but it lacked a certified translation and circulation details. Thus, it did not meet the regulatory requirements.
Original Contributions of Major Significance:
The Petitioner did not raise this criterion on appeal, implying it was abandoned.
Participation as a Judge:
The Petitioner provided evidence of judging in the field of urology, satisfying this criterion.
Membership in Associations:
Not raised on appeal, suggesting abandonment.
Authorship of Scholarly Articles:
The Petitioner met this criterion by providing evidence of authoring scholarly articles.
Leading or Critical Role Performed:
Not raised on appeal, suggesting abandonment.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not raised on appeal, suggesting abandonment.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Awards:
- Municipal government third prize (2010).
- First prize award (2020) and second prize award (2011) from Medicine.
- Published Material:
- Article in Long Life Magazine, not meeting translation and circulation requirements.
- Judging:
- Evidence of participation as a judge in urological events.
- Scholarly Articles:
- Authored articles in reputable journals.
Conclusion
Final Determination: Appeal dismissed
Reasoning:
The Petitioner did not demonstrate eligibility by failing to meet the required initial evidence of either a one-time major achievement or documentation satisfying at least three of the ten criteria. The awards and published material did not meet the standards for national or international recognition.
Next Steps:
The Petitioner may consider gathering additional evidence to meet the criteria or explore other visa classifications that align with their qualifications and achievements. Consulting with an immigration attorney for further guidance is recommended.
