Date of Decision: OCT. 21, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Radiologist
Field: Nuclear Medicine
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The petitioner participated as a judge of the work of others in her field.
Original Contributions of Major Significance:
The petitioner made original contributions of major significance in the field of nuclear medicine.
Authorship of Scholarly Articles:
The petitioner authored several scholarly articles in reputable journals.
Leading or Critical Role:
The petitioner held leading or critical roles in distinguished organizations or establishments.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards:
The petitioner did not provide sufficient evidence of receiving lesser nationally or internationally recognized prizes or awards.
Membership in Associations:
The petitioner did not demonstrate membership in associations that require outstanding achievements of their members.
Published Material About the Petitioner:
The petitioner failed to provide adequate evidence of published material about her in professional or major media.
High Remuneration for Services:
The petitioner did not meet the criterion for high remuneration for services.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided evidence of awards received during her residency and fellowship, but these were not considered sufficient to establish extraordinary ability at the top of her field.
Published Materials About the Petitioner:
The materials provided did not single out the petitioner for notice or explain the particular significance of her work.
Original Contributions of Major Significance:
The contributions were recognized, but the evidence did not demonstrate that these contributions resulted in sustained national or international acclaim.
Participation as a Judge:
While the petitioner participated as a judge in her field, the evidence was not sufficient to establish extraordinary ability.
Membership in Associations:
The petitioner was a member of various associations, but the evidence did not meet the required criterion for outstanding achievements.
Authorship of Scholarly Articles:
The petitioner authored several articles, but the number and impact of these articles were not considered sufficient to establish extraordinary ability.
Leading or Critical Role Performed:
The petitioner held critical roles in distinguished organizations, but the roles did not establish her as being at the top of her field.
Evidence of High Salary or Remuneration:
The evidence provided did not meet the criterion for high remuneration.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Letters from Mentors:
Letters from mentors acknowledged the petitioner’s role as the first author and contributions to research but did not establish sustained national or international acclaim. - Curriculum Vitae:
The petitioner’s CV listed 20 peer-reviewed articles, but this was not deemed sufficient evidence of national or international acclaim. - Peer Review Participation:
The petitioner participated in peer review for scholarly journals, but this was considered routine and not indicative of extraordinary ability. - Prizes and Awards:
The petitioner received awards during her training but these were not sufficient to meet the criterion for lesser nationally or internationally recognized prizes or awards.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the burden of proof to demonstrate sustained national or international acclaim and extraordinary ability. While she showed significant contributions and held critical roles, the evidence did not establish her as one of the small percentage who has risen to the top of her field.
Next Steps:
The petitioner may consider gathering additional evidence to support claims of sustained national or international acclaim or explore alternative visa classifications.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 22993456
Document: OCT212022_01B2203
