Date of Decision: November 1, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mental Health Nurse Practitioner
Field: Clinical Nursing, Mental Health
Nationality: Filipino, Canadian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Original Contributions of Major Significance:
The petitioner submitted a research paper focusing on treating patients with borderline personality disorder. However, the Director found the evidence insufficient to prove the paper had a major significance in the nursing field, such as provoking widespread commentary or receiving many citations.
Criteria Not Met:
Lesser Prizes or Awards:
The petitioner submitted proof of national nurse practitioner certifications from the American Nurses Credentialing Center (ANCC) and the American Academy of Nurse Practitioners Certification Board (AANPCB). However, the Director determined that these certifications represented basic nursing competence rather than excellence in the field.
Membership in Associations Requiring Outstanding Achievements:
The petitioner provided copies of his nurse practitioner and registered nursing certificates from California and Arizona. However, these were required for legal practice in those states and did not demonstrate membership in associations that required outstanding achievements judged by recognized experts.
Key Points from the Decision
Awards and Prizes Won:
The certifications received by the petitioner were found to indicate basic competency rather than recognition of excellence in the field. According to the Director, the certifications from ANCC and AANPCB do not qualify as lesser nationally or internationally recognized prizes for excellence.
Published Materials About the Petitioner:
The petitioner’s research paper, while notable, did not demonstrate significant impact or recognition in the field to meet the criterion for original contributions of major significance.
Original Contributions of Major Significance:
The petitioner’s doctoral project on treating borderline personality disorder patients was not sufficiently impactful to meet the criterion for original contributions of major significance.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner’s certifications from state nursing boards did not meet the requirements for membership in associations that demand outstanding achievements as judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- National Nurse Practitioner Certifications: Evidence of certifications in family medicine and psychiatry-mental health from ANCC and AANPCB.
- Research Paper: A copy of a research paper focusing on treating borderline personality disorder patients.
Conclusion
Final Determination: The appeal is dismissed. The petitioner has not met the evidentiary requirements for the EB1 Extraordinary Ability category. The certifications and research submitted did not sufficiently demonstrate the necessary level of achievement or impact.
Reasoning: The petitioner did not provide adequate evidence of receiving lesser nationally or internationally recognized prizes for excellence, membership in associations requiring outstanding achievements, or original contributions of major significance in the field of clinical nursing and mental health.
Next Steps: The petitioner may consider gathering more substantial evidence of national or international acclaim and impact in their field before reapplying or exploring alternative visa categories that may be more suited to their qualifications and achievements.
