Date of Decision: APR. 6, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Nurse
Field: Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Criterion: Documentation of membership in associations in the field
The Petitioner did not provide sufficient evidence to demonstrate that the membership required outstanding achievements judged by recognized experts.
Criterion: Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
The Petitioner’s letters of recommendation did not specifically identify an original contribution or its significance in the field of nursing.
Criterion: Evidence of performance in a leading or critical role for organizations or establishments that have a distinguished reputation
The Petitioner did not establish that he played a leading or critical role in the organizations mentioned, nor did the organizations have a distinguished reputation.
Criterion: Evidence of high salary or other significantly high remuneration for services in relation to others in the field
The Petitioner did not provide documentation to establish that his salary was high relative to others in the profession.
Key Points from the Decision
Awards and Prizes Won:
Not applicable
Published Materials About the Petitioner:
Not applicable
Original Contributions of Major Significance:
Not applicable
Participation as a Judge:
Not applicable
Membership in Associations:
The Petitioner’s membership in the organization did not meet the required standards of outstanding achievements judged by experts.
Authorship of Scholarly Articles:
Not applicable
Leading or Critical Role Performed:
The Petitioner’s roles at previous organizations were not demonstrated to be leading or critical.
Artistic Exhibitions or Showcases:
Not applicable
Evidence of High Salary or Remuneration:
The salary provided was not shown to be high relative to others in the field.
Commercial Successes in the Performing Arts:
Not applicable
Supporting Documentation
- Membership Letter: The letter confirming membership did not contain information regarding the requirements for acceptance or who made the determination.
- Recommendation Letters: Multiple letters spoke favorably of the Petitioner’s abilities but did not identify specific contributions or their significance.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria listed. The evidence provided did not establish that the Petitioner has achieved sustained national or international acclaim and is one of the small percentage who have risen to the very top of his or her field.
Next Steps: The Petitioner should provide more robust evidence and documentation to satisfy the necessary criteria if considering future petitions.
