Date of Decision: JULY 23, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Postdoctoral Research Associate
Field: Therapeutic Ultrasound
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Peer Review of Scholarly Articles: Served as a peer reviewer for two manuscripts for a journal.
- Scholarly Articles: Authored eight scholarly articles in professional publications.
- Original Contributions of Major Significance: Developed a real-time imaging system for ultrasound therapy, considered a significant contribution to the field.
Criteria Not Met:
- Evidence of High Salary or Remuneration: No information provided.
- Commercial Successes in the Performing Arts: Not applicable.
- Evidence of Performance as a Lead or Critical Role: Not demonstrated.
Key Points from the Decision
Awards and Prizes Won:
Not applicable, as the petitioner did not receive any major internationally recognized awards.
Published Materials About the Petitioner:
The petitioner’s work has been published, but the media coverage does not highlight her individual contributions significantly.
Original Contributions of Major Significance:
Contributed to significant advancements in ultrasound therapy, although these contributions were not deemed enough to qualify as extraordinary.
Participation as a Judge:
Reviewed manuscripts but did not demonstrate a significant role in the judging process beyond basic reviews.
Supporting Documentation
- Research Publications: Eight scholarly articles and two manuscript reviews.
- Letters of Recommendation: Multiple letters highlighting the petitioner’s contributions, though they lack sufficient detailed evidence of extraordinary ability.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence demonstrating that the petitioner stands at the very top of her field.
Reasoning:
The petitioner failed to meet the high standards required for the EB-1 extraordinary ability category. Despite contributions to the field and some recognition, she did not demonstrate sustained acclaim or recognition as required.
Next Steps:
It is recommended to gather more substantial evidence of leading roles or significant impact in the field for future submissions.
