Date of Decision: September 26, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Endodontist
Field: Dental Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion: Authorship of Scholarly Articles
Description: The Petitioner documented her authorship of scholarly articles in professional or major trade publications, such as specific journals mentioned in the review.
Criterion: Participation as a Judge
Description: The Petitioner submitted documentation reflecting her review of scholarly articles for publication in professional journals.
Criteria Not Met:
Criterion: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards
Description: The Petitioner failed to demonstrate that the “Merit Badge” she received is a nationally or internationally recognized prize or award for excellence in the field.
Criterion: Membership in Associations
Description: The Petitioner did not provide sufficient evidence that her membership with the specified association required outstanding achievements of its members as judged by recognized national or international experts.
Criterion: Leading or Critical Role
Description: The Petitioner did not establish that the organizations she was involved with have a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
- The “Merit Badge” was not considered a nationally or internationally recognized prize for excellence.
Published Materials About the Petitioner:
- None mentioned specifically in the review.
Original Contributions of Major Significance:
- Not established.
Participation as a Judge:
- The Petitioner established her participation in judging the work of others by reviewing scholarly articles for publication.
Membership in Associations:
- The Petitioner’s board membership and presidency in a professional association were not deemed sufficient without evidence of outstanding achievements required for membership.
Authorship of Scholarly Articles:
- The Petitioner met the criterion by documenting her authorship in professional or major trade publications.
Leading or Critical Role:
- The Petitioner’s role in organizations was not supported by evidence showing the organizations’ distinguished reputation.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Letters from professionals and organizations.
- Certificates and publications.
- Detailed explanations regarding the associations and prizes.
Conclusion
Final Determination: Appeal dismissed; the Petitioner did not meet the required criteria for EB-1 classification.
Reasoning: The Petitioner failed to establish eligibility by not meeting at least three of the regulatory criteria.
Next Steps:
The Petitioner is advised to gather more substantial evidence for any future petitions and ensure all criteria are comprehensively met.
