Date of Decision: DEC. 12, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Orthopedic Surgeon
Field: Orthopedics and Traumatology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The Petitioner satisfied this criterion through participation in juries to evaluate the work of graduate-level medical students.
- Leading or Critical Role: The Director initially determined eligibility for this criterion, but upon further review, it was found that the evidence provided was insufficient to demonstrate the Petitioner’s roles had a distinguished reputation or that they were critical for the success of the organizations.
Criteria Not Met:
- Lesser Prizes or Awards: The Petitioner did not provide sufficient evidence to meet this criterion.
- Membership in Associations: The Petitioner did not address or contest the finding that this criterion was not met.
- Published Material: The Petitioner did not provide sufficient evidence to meet this criterion.
- High Salary or Remuneration: The Petitioner failed to provide adequate and clear evidence to establish high remuneration in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The Petitioner did not provide sufficient documentation of receiving lesser nationally or internationally recognized prizes or awards for excellence.
Published Materials About the Petitioner:
- Summary of findings: The Petitioner did not submit sufficient published materials in professional or major trade publications about their work.
Original Contributions of Major Significance:
- Summary of findings: Not applicable.
Participation as a Judge:
- Summary of findings: The Petitioner’s participation as a judge of graduate-level medical students’ work was acknowledged and met the criterion.
Membership in Associations:
- Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate membership in associations requiring outstanding achievements judged by national or international experts.
Authorship of Scholarly Articles:
- Summary of findings: Not applicable.
Leading or Critical Role Performed:
- Summary of findings: The Petitioner did not provide adequate documentation to prove that his leadership roles were for organizations with distinguished reputations or were critical to the organizations’ success.
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable.
Evidence of High Salary or Remuneration:
- Summary of findings: The evidence provided was incomplete, uncorroborated, and questionable. The Petitioner failed to establish actual remuneration or a basis for comparison with others in the field.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable.
Supporting Documentation
- Letters from Co-workers and Colleagues: Letters attested to the Petitioner’s roles but lacked objective documentary evidence.
- Financial Documents: Incomplete and unclear financial evidence was provided to support claims of high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required evidentiary criteria to establish eligibility as an alien of extraordinary ability. The provided documentation did not demonstrate the necessary acclaim and recognition for the classification sought.
Next Steps: Recommendations for the petitioner would include gathering substantial and clear evidence to meet the required criteria, addressing all findings, and potentially reapplying with a stronger case.
