sustained EB-1A Case: Medicine

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-G-R-P-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 8, 2019 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, who is a medical doctor, researcher, and professor, seeks classification as an individual 
of extraordinary ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. 
§ l 153(b)(l)(A). This first preference classification makes immigrant visas available to those who 
can demonstrate their extraordinaiy ability through sustained national or international acclaim and 
whose achievements have been recognized in their field through extensive documentation. 
The Director of the Texas Service Center denied the petition, concluding that while the Petitioner had 
satisfied the initial evidence requirements, he did not demonstrate his eligibility for the classification. 
The Director determined that the record, as a whole, did not establish his sustained national or 
international acclaim or confirmed that he was among the small percentage at the very top of the field. 
On appeal, the Petitioner challenges the Director's determination and maintains that he qualifies for 
the classification. 
Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to certain immigrants if: 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
Matter of J-G-R-P-
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The regulation at 8 C.F.R. 
§ 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is, a major, 
internationally recognized award). If the petitioner does not submit this evidence, then he or she must 
provide documentation that meets at least three of the ten criteria listed under 8 C.F .R. 
§ 204.5(h)(3)(i)-(x) (including items such as qualifying awards, published material in certain media, 
and scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
submitted material in a final merits determination and assess whether the record, as a whole, shows 
sustained national or international acclaim and demonstrates that the individual is among the small 
percentage at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F .3d 1115, 1119-20 
(9th Cir. 2010) ( discussing a two-part review where the documentation is first counted and then, if 
fulfilling the required number of criteria, considered in the context of a final merits determination); 
see also Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 
2d 1339, 1343 (W.D. Wash. 2011). This two-step analysis is consistent with our holding that the 
"truth is to be determined not by the quantity of evidence alone but by its quality," as well as the 
principle that we examine "each piece of evidence for relevance, probative value, and credibility, both 
individually and within the context of the totality of the evidence, to determine whether the fact to be 
proven is probably true." Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Petitioner is a medical doctor, who specializes in general pediatrics. He taught at the ..... l ___ ..... 
,___ _______ _____. in I I Colombia, between 1986 and 2015. Since 2015, he has been 
working as an associate professor in the I I at the 
1 I in I I Florida. His duties include teaching medical students, 
mentoring them in their research projects, and working with clinical centers affiliated with the 
university. According to his statement, he intends to "devote all [his] knowledge, skills, and energy 
to teaching[,] ... implementing and disseminating research results into practice, mainly in the area of 
infants' health care" in the United States. 
A. Initial Evidence Requirements 
The Director concluded that the Petitioner met at least three of the ten criteria listed under 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). The record supports this determination. The evidence confirms that he reviewed 
manuscripts for a number of professional publications, including Pediatrics and Journal of 
Epidemiology and Community Health. He therefore satisfies the participation as a judge criterion 
under 8 C.F.R. § 204.5(h)(3)(iv). In addition, he has presented documentation verifying his authorship 
of scholar! articles. For exam le, Acta Paediatrica ublished his article I I 
" and The BMJ formed known as the 
British Medical Journal, published his article ....._ __________________ ___, 
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Matter of J-G-R-P-
The evidence thus establishes he meets the authorship of scholarly articles 
criterion under 8 C.F.R. § 204.5(h)(3)(vi). 
Moreover1 the record includes a letter from the dean of the faculty of medicine of D indicating that 
the Petitioner's ,___ _________ ____. research became "one of the most productive, 
successful I visible and influential health care projects developed by researchers from any of thel ) 
Schools Faculties and lnstitutes1 with impact in the standards o...__ ___________ __. 
infants worldwide but articular! in low and middle-income countries." According to 
..____~ ________________ __.the Petitioner "was [a] co-founder of the 
Clinical Epidemiology Unit" and a "co-creator and first direct;or...oi..the Master's program in clinical 
epidemiology" at the university. Additional documents verify l__Jdistinguished reputation1 noting 
that it is a top university in Colombia and Latin America1 and that it has educated Colombian presidents 
and diplomats1 as well as collaborated with international organizations1 such as the Pan American 
Health Organization (PAHO) and the World Health Organization (WHO). The documentation 
therefore shows that the Petitioner satisfies the leading or critical role criterion under 8 C. F. R. 
§ 204.5(h)(3)(viii). 
As the Petitioner has demonstrated that he fulfills at least three of the ten criteria under 8 C.F.R. 
§ 204.5(h)(3)(i)-(x)1 we will evaluate the totality of the evidence in the context of the final merits 
determination. For the reasons we will discuss1 we find that the record1 as a whole1 shows the 
Petitioner's sustained national or international acclaim and demonstrates that he is among the small 
percentage at the very top of the field. 
B. Final Merits Determination 
The Petitioner has established his eligibility for the classification. His research studies on 0have 
significantly impacted! I infant care in Colombia! his country of citizenship! as well as other 
countries. According to a printout from MedicalNewsToday.coml ~ was "first developed in 1978 
to deal with overcrowdin ofl lunits in Colombia." 
The record includes numerous reference letters from :rofessors and university staff confirming the 
~tance of the Petitioner's work. For example1 I I, a professor of psychology at the 
L_J University1 in I I Canada1 indicates that the Petitioner is "an internationally recognized 
expert in the field of appropriate infant care." He explains 
that the Petitioner developed __ ""'uidelines for the Colombian Ministry of Health that have "become 
an essential document for the implementation of thee=] program throughout Colombia." Similarly1 
I lthe chairperson of the Department of Biostatistics! Epidemiology! and Informatics 
at the University of provides that the Petitioner's 
"seminal clinical trial that documented the effectiveness of the I I and numerous 
follow-up studies evaluating its uptake1 quality assurance1 mechanisms of effect1 and economic 
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Matter of J-G-R-P-
evaluation" have served "as the basis for Colombian and international evidence-based guidelines for 
the care o~ !infants." 
The impact of the Petitioner's work is further confirmed by experts in a number of international health 
organizations. For example,......,_==,,....---....,,....-.,....--=-.....,. a senior advisor for research promotion and 
development at the P AHO and WHO, states that the Petitioner "has been a world leader and pioneer 
in the research ofl I and that "[h]is work underpins 
international practice guidelines for I I baby care such as the World Health Organization 
guidelines." I I a consultant for the WHO, provides that the Petitioner "played a key role 
in the seminal clinical Randomized Controlled trial I l and the subsequent follow-up 20 years 
later," and that his research has "been the basis for international .----------____,!:==i"""':""-----:-::----:------::---:--' 
evidence-based uidelines." Accordin to the president-elect of the 
..___ __________________ ..... the Petitioner is "a key resource onD research 
and population studies that pave the way to future development of the science and innovative strategies 
..--_.....__ .......... _______ ___.ealth outcomes throug~ I' I I the president of 
-------r------r---- similarly indicates that the Petitioner is "an internationall recognized 
expert in .. --~ who conducted "two seminal clinical research ro·ects on that] ... 
demonstrated the promise held by,___ ___________ ----.-----------------.,----' 
I I infants worldwide, paiiicularly at low and middle-income countries with limited or no 
access to modeml lcare and incubators." 
In addition to the numerous reference letters discussing the Petitioner's contributions and 
corroborating the claim that his achievements have been recognized in the field, the record also 
includes evidence that scientific journals and newspapers have reported on his work, fmiher 
confirming his sustained national or international acclaim. For example, New Scientist published an 
article aboutl lthat discussed the Petitioner's research and quoted his expert opinions. It also 
identified him as the lead author and investigator of a British Medical Journal piece that verified the 
effectiveness o~ I Other publications, including German newspaper Berliner Zeitung and Italian 
magazine Le Scienze, have similarly reported on his work and acclaim in the field. 
Moreover, the Petitioner has offered extensive evidence on his authorship and presentation experience. 
The record shows that he has authored numerous articles that have been cited frequentlx in the field, 
with many of his work receiving hundreds of citations each from other scientists. AsL I 
explains, and the evidence verifies, the Petitioner has published "more than 100 original manuscripts, 
abstracts and book chapters" and have been "invited to deliver more than 140 scientific lectures 
throughout the world to share his insights and his work." Likewise, ....._ __________ __. 
confirms that the Petitioner has "published 12 books and technical manuals, 13 chapters in scientific 
texts, and more than 90 papers and abstracts in peer-reviewed journals" and that "his publications have 
received more than 3,100 citations" in the aggregate. 
Furthermore, the record includes additional evidence of the Petitioner's status as someone who has 
risen to the very top of the field. For exam le he has received a number of awards in reco nition of 
his work, includin those from the and the 
He has also received .....__...., Biannual Award for 
Lifetime Achievements in Health Sciences Research. Additionally, he co-founded the I,___ __ ~ 
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Matter of J-G-R-P-
..___ ____________ -----,.11, a nonprofit organization in Colombia that focuses on research and 
implementation ofl ~n low and middle-income countries. The foundation's work has been 
recognized by healthcare company D international charity I I as well as other 
international entities. 
The record, in its entiretvl suffirently establishes the reach and impact of the Petitioner's research, 
specifically, as relating to It confirms that he is an individual of extraordinary ability. He has 
demonstrated that he has sustained national or international acclaim and is among the small percentage 
at the top of his field. See section 203(b)(l)(A) of the Act; 8 C.F.R. § 204.5(h)(2)-(3); see also Matter 
of Price, 20 I&N Dec. 953, 954 (Assoc. Comm'r 1994). 
III. CONCLUSION 
For the reasons discussed above, the Petitioner has demonstrated his eligibility as an individual of 
extraordinary ability. In visa petition proceedings, the petitioner bears the burden to establish 
eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of 
Skirball Cultural Ctr., 25 I&N Dec. 799, 806 (AAO 2012). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter of J-G-R-P-, ID# 3073553 (AAO May 8, 2019) 
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