Date of Decision: MAY 23, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Physiatrist Specialist
Field: Physical Medicine and Rehabilitation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner served as a judge for the 23rd Congress of the Latin American Medical Association for Rehabilitation in 2008.
Scholarly Articles: The petitioner has published research in journals related to his field.
Leading or Critical Role: The petitioner held a leading role as head of the physical medicine and rehabilitation department at his employer’s institution.
Criteria Not Met:
Published Materials: The petitioner did not provide sufficient transcription or evidence that media coverage about him was from a major medium.
Original Contributions: The petitioner requested to disregard evidence under this criterion, and it was not considered.
High Salary: The petitioner did not demonstrate that his earnings were commensurate with sustained national or international acclaim.
Awards and Prizes: The petitioner received an award during his residency, but it was not nationally or internationally recognized.
Membership in Associations: The petitioner was a member of an association, but it did not require members to have outstanding achievements as judged by recognized national or international experts.
Key Points from the Decision
Awards and Prizes Won: The petitioner received a prize during his residency, but it was restricted to the medical institute’s residents and not recognized beyond the institute.
Published Materials About the Petitioner: The petitioner was interviewed on television and radio programs, but this limited media coverage did not demonstrate sustained national or international acclaim.
Original Contributions of Major Significance: No evidence was provided or considered under this criterion.
Participation as a Judge: The petitioner served as a judge for a significant medical congress, but this alone did not demonstrate that he is at the very top of his field.
Membership in Associations: The petitioner’s membership in a professional association did not meet the required standard for demonstrating outstanding achievements.
Authorship of Scholarly Articles: The petitioner authored two scholarly articles over twenty years, which did not demonstrate a career of acclaimed work or sustained acclaim.
Leading or Critical Role Performed: The petitioner held significant roles at his employer’s institution and as a consultant, but these roles did not demonstrate that he is among the very top of his field.
Evidence of High Salary or Remuneration: The petitioner did not provide evidence showing his salary was commensurate with sustained national or international acclaim.
Supporting Documentation
- Judging Work of Others: Documentation of judging at the 23rd Congress of the Latin American Medical Association for Rehabilitation.
- Scholarly Articles: Copies of two published research articles.
- Leading Role: Letters of recommendation detailing the petitioner’s roles and contributions at his employer’s institution and as a consultant.
- Media Coverage: Details of television and radio interviews.
- Membership in Associations: Letters confirming membership in a professional association and roles held.
Conclusion
Final Determination: Denied
Reasoning:
The petitioner did not meet the criteria for demonstrating sustained national or international acclaim. The evidence provided was insufficient to show that he is among the small percentage at the very top of his field.
Next Steps:
The petitioner may consider gathering more substantial evidence of national or international acclaim and reapplying or seeking legal advice for further actions.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 16897920
Document: MAY232022_02B2203
