Date of Decision: August 23, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Researcher
Field: Gastroenterology
Nationality: Syrian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of scholarly articles:
The petitioner authored scholarly articles published in professional publications such as journals related to gastroenterology.
Criteria Not Met:
Receipt of lesser nationally or internationally recognized prizes or awards:
The petitioner failed to demonstrate that the awards or grants received were nationally or internationally recognized beyond the issuing entities.
Membership in associations:
The petitioner did not provide sufficient evidence that the memberships required outstanding achievements judged by recognized experts.
Published material about the petitioner:
Submitted materials were about the petitioner’s research, not about the petitioner himself.
Participation as a judge of others’ work:
The petitioner provided invitations to review manuscripts but did not provide evidence of actually participating as a judge.
Original contributions of major significance:
The petitioner’s contributions were recognized as having potential significance, but evidence of actual major impact and broad recognition was lacking.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received several awards and grants but did not demonstrate that they were recognized nationally or internationally.
Published Materials About the Petitioner:
Materials referenced the petitioner’s research but did not provide specific information about him or his accomplishments.
Original Contributions of Major Significance:
The petitioner’s research projects were acknowledged as original, but the evidence did not convincingly demonstrate significant impact in the field.
Participation as a Judge:
Invitations to review manuscripts were provided, but there was no evidence of actual participation.
Membership in Associations:
The petitioner’s memberships in associations were not sufficiently evidenced to meet the criterion of requiring outstanding achievements.
Authorship of Scholarly Articles:
The petitioner authored several scholarly articles published in professional journals, meeting this criterion.
Supporting Documentation
- Awards and Prizes: Documents showing awards and grants received, but lacking evidence of national or international recognition.
- Membership in Associations: Online printouts and CV entries, but no sufficient documentation of the membership requirements.
- Published Materials: Printouts and references to interviews and articles about the petitioner’s research.
- Original Contributions: Reference letters and publications discussing the petitioner’s research contributions.
- Participation as a Judge: Email invitations to review manuscripts, without proof of actual review work.
- Authorship of Scholarly Articles: Copies of published scholarly articles in professional journals.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner did not demonstrate by a preponderance of the evidence that he achieved sustained national or international acclaim or that his achievements were recognized as placing him at the very top of his field.
Next Steps: The petitioner may consider providing additional documentation or reapplying with stronger evidence to meet the necessary criteria for classification as an individual of extraordinary ability.
