EB-1 Extraordinary Ability USCIS Appeal Review – Surgical Associate – OCT172017_02B2203

Date of Decision: OCT. 17, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability


Petitioner Information

Profession: Surgical Associate
Field: Cardiothoracic Surgery
Nationality: India


Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed


Evidentiary Criteria Analysis

Criteria Met:

Participation as a Judge: Beneficiary met the judging criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Authorship of Scholarly Articles: Beneficiary met the authorship of scholarly articles criterion under 8 C.F.R. § 204.5(h)(3)(vi).

Criteria Not Met:

Awards and Prizes: The awards received by the Beneficiary were not sufficiently demonstrated to be nationally or internationally recognized for excellence in the field of cardiothoracic surgery.
Membership in Associations: The associations did not require outstanding achievements for membership.
Published Materials About the Petitioner: The submitted article did not provide sufficient evidence to meet the criterion.
Original Contributions of Major Significance: The Beneficiary’s work was not adequately demonstrated to be of major significance in the field.
Leading or Critical Role: The Beneficiary’s contributions were not sufficiently shown to be critical to the success of the organizations.
High Salary or Remuneration: The Beneficiary’s salary, while above average, was not demonstrated to be significantly high in relation to others in the field.


Key Points from the Decision

Awards and Prizes Won:

The Beneficiary received several awards, but these were not shown to be nationally or internationally recognized.

Published Materials About the Petitioner:

An article discussing the Beneficiary’s research was submitted but lacked sufficient documentation to meet the required criteria.

Original Contributions of Major Significance:

Letters from colleagues and experts were provided, but they lacked detailed evidence to show the widespread impact and major significance of the Beneficiary’s contributions.

Participation as a Judge:

The Beneficiary’s role as a judge was recognized but did not sufficiently meet the threshold for demonstrating extraordinary ability.

Membership in Associations:

The associations in which the Beneficiary held membership did not require outstanding achievements for admission.

Authorship of Scholarly Articles:

The Beneficiary authored several scholarly articles, meeting one of the criteria for extraordinary ability.

Leading or Critical Role Performed:

The Beneficiary’s roles at various institutions were recognized but lacked the necessary evidence to show they were critical to the success of these organizations.

Evidence of High Salary or Remuneration:

The Beneficiary’s salary was above the average for surgeons, but not sufficiently high to meet the criterion for extraordinary ability.


Supporting Documentation

  • Awards: Documentation of awards received but lacking evidence of national or international recognition.
  • Memberships: Information on memberships, with insufficient evidence of outstanding achievements required for admission.
  • Publications: Copies of scholarly articles authored by the Beneficiary.
  • Letters of Support: Testimonials from colleagues and experts regarding the Beneficiary’s contributions and roles.

Conclusion

Final Determination: Appeal Dismissed

Reasoning: The evidence provided did not sufficiently demonstrate that the Beneficiary meets the criteria for classification as an individual of extraordinary ability. The Beneficiary did not fulfill at least three of the ten required criteria and did not show the necessary level of expertise and recognition in the field.

Next Steps:

  • Review the decision for any possible grounds for a motion to reopen or reconsider.
  • Consider gathering additional evidence that more clearly demonstrates the Beneficiary’s extraordinary ability and impact in the field.

Download the Full Petition Review Here

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