Date of Decision: MAR. 14, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Orthopedic Surgeon
Field: Medicine (Orthopedic Surgery)
Nationality: India
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None.
Criteria Not Met:
- Judging: The Petitioner did not establish that his judging experience places him among the small percentage at the very top of his field.
- Scholarly Articles: The Petitioner did not demonstrate that his publication record is reflective of a “career of acclaimed work.”
- High Salary: The Petitioner did not show that his wages are sufficient to demonstrate a level of compensation commensurate with sustained national or international acclaim.
Key Points from the Decision
Awards and Prizes Won: Not applicable.
Published Materials About the Petitioner:
- The Petitioner presented evidence showing that he authored three papers in the Journal of Hand Surgery and a book chapter.
- The Petitioner has 31 total citations, with one paper receiving 27 citations and another paper receiving 4 citations.
Original Contributions of Major Significance:
- Recommendation letters summarized the Petitioner’s professional accomplishments but did not explain how his achievements are considered of major significance by the field.
Participation as a Judge:
- The Petitioner served on the editorial boards for certain journals but did not demonstrate that his judging experience indicates sustained national or international acclaim.
Membership in Associations:
- The Petitioner provided evidence of his membership in associations, but the bylaws do not reflect that membership requires outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
- The Petitioner authored three papers and a book chapter, but the publication record is not consistent with having a “career of acclaimed work.”
Leading or Critical Role Performed: Not applicable.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration:
- The Petitioner’s salary is above the median wages but below the 90th percentile for orthopedic surgeons.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- Editorial Board Participation: Documentation of service on editorial boards and as a chief reviewer.
- Publications: Copies of three papers published in the Journal of Hand Surgery and a book chapter.
- Salary Evidence: Documentation from salary.com showing the Petitioner’s earnings.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
- The Petitioner did not demonstrate sustained national or international acclaim.
- The Petitioner did not establish that he is among the small percentage at the very top of his field.
Next Steps:
- The Petitioner may consider gathering additional evidence of sustained acclaim or demonstrating more significant contributions to the field.
