Date of Decision: April 29, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sports Medicine Physician
Field: Sports Medicine
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles: The Beneficiary authored articles in 2013 and 2016, which were cited by other articles.
Participation as a Judge: The Beneficiary judged nine speakers for the medical center’s continuing medical education (CME) committee from 2016 to 2018.
Performed in a Critical Role: The Beneficiary serves as the founder and director of a clinic and co-chairs the CME committee.
Criteria Not Met:
Published Materials About the Petitioner: The significance of the Beneficiary’s publications and their impact on the field were not established.
Original Contributions of Major Significance: The letters of recommendation did not demonstrate significant influence or acclaim in the field.
Awards and Prizes: No major, internationally recognized awards were presented.
Evidence of High Salary or Remuneration: No evidence provided.
Commercial Successes in the Performing Arts: Not applicable.
Artistic Exhibitions or Showcases: Not applicable.
Key Points from the Decision
Authorship and Citations: The Beneficiary’s work was cited by 11 articles, but the Petitioner did not demonstrate that these citations were sufficient to establish sustained national or international acclaim.
Judge of Work: Judging speakers for the medical center’s CME committee did not establish the Beneficiary as being among the small percentage at the top of his field.
Critical Role: The roles performed by the Beneficiary did not demonstrate national or international acclaim beyond his employer.
Supporting Documentation
Recommendation Letters: Praised the Beneficiary’s professional experience and contributions but lacked evidence of significant impact or acclaim in the broader field.
Educational and Professional Background: The Beneficiary’s educational and professional history was provided but did not establish sustained national or international acclaim.
Conclusion
Final Determination: The appeal is dismissed. The Petitioner did not establish the Beneficiary’s eligibility as an individual of extraordinary ability.
Reasoning:
The evidence provided did not demonstrate that the Beneficiary has sustained national or international acclaim and is among the small percentage at the very top of his field. The documentation did not show significant recognition beyond his local environment or by a wider audience in the field of sports medicine.
Next Steps:
Recommendations or next steps for the petitioner were not provided in the decision.
