Date of Decision: January 15, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sponsor-Investigator
Field: Medical Science
Nationality: Not specified
Summary of Decision
Initial Decision: Approval revoked
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Authorship of Scholarly Articles: The Petitioner established that he met the criterion for scholarly articles under 8 C.F.R. § 204.5(h)(3)(vi).
Criteria Not Met
Membership in Associations: The Petitioner’s evidence did not establish his eligibility for the membership criterion under 8 C.F.R. § 204.5(h)(3)(ii). The resubmitted material and SOC Manual information did not support this criterion.
Awards and Prizes: No evidence provided.
Published Materials About the Petitioner: No evidence provided.
Original Contributions of Major Significance: The new evidence presented, including FDA regulations and a final rule from the Department of Health and Human Services, did not establish eligibility for any additional criteria under 8 C.F.R. § 204.5(h)(3).
Judging the Work of Others: No evidence provided.
Performance in a Leading or Critical Role: No evidence provided.
High Salary or Remuneration: No evidence provided.
Commercial Successes in the Performing Arts: Not applicable.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: No evidence provided.
Original Contributions of Major Significance:
Summary of findings: The evidence provided did not establish the Petitioner’s contributions as of major significance.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: The SOC Manual information and resubmitted material did not demonstrate eligibility for this criterion.
Authorship of Scholarly Articles:
Summary of findings: The Petitioner met this criterion as established in previous decisions.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
FDA Regulations and Final Rule: Provided but did not establish eligibility for additional criteria.
Previously Submitted Documentation: Re-submitted but not considered as new evidence.
Conclusion
Final Determination: The motion to reconsider and the motion to reopen are denied.
Reasoning: The Petitioner did not demonstrate that the previous decision was based on an incorrect application of law or policy, nor did he provide new facts that establish eligibility for the requested immigration benefit.
Next Steps: The Petitioner must provide substantial and specific evidence to meet the criteria for extraordinary ability classification.
