Date of Decision: AUG. 7, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Healthcare Provider
Field: Surgery
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Beneficiary has served as a manuscript reviewer for professional journals, confirming his expertise and recognition in the field.
Authorship of Scholarly Articles: The Beneficiary has authored scholarly articles published in professional journals, establishing his contribution to the field of surgery.
Criteria Not Met:
Membership in Associations: Although the Beneficiary is a member of several associations, these do not require outstanding achievements of their members as judged by recognized national or international experts.
Original Contributions of Major Significance: The evidence provided does not confirm significant original contributions to the field of surgery.
High Salary or Remuneration: The provided evidence was not sufficient to demonstrate that the Beneficiary’s compensation was significantly high compared to others in the field, failing to meet this criterion.
Key Points from the Decision
Awards and Prizes Won: None applicable.
Published Materials About the Petitioner: Not directly referenced beyond authorship.
Original Contributions of Major Significance: The Beneficiary is recognized for his potential but has not yet made significant recognized contributions.
Participation as a Judge: Recognized as a reviewer which shows involvement in the peer-review process, important for professional recognition.
Membership in Associations: Associations listed do not meet the criteria for extraordinary ability due to their membership requirements.
Authorship of Scholarly Articles: Documented authorship in noted journals supports his standing in the academic community.
Leading or Critical Role Performed: Not explicitly met or documented in the provided evidence.
Evidence of High Salary or Remuneration: The Beneficiary’s salary, while high, does not significantly exceed the average for his position and region, failing this criterion.
Supporting Documentation
- Medical license and board certification documents.
- Employment contracts and pay stubs.
- Professional journal publications and reviews.
- Letters from associations and peers.
Conclusion
Final Determination: The appeal is dismissed, affirming the initial denial of the Form I-140.
Reasoning: The Beneficiary, despite being highly qualified and well-compensated, does not meet the required number of criteria for demonstrating extraordinary ability under current immigration laws.
Next Steps: It is recommended that the Petitioner gather more substantial evidence of the Beneficiary’s exceptional contributions and recognitions, or consider other visa categories better suited to the Beneficiary’s qualifications.
