Outcome: Dismissed
AUG072019_03B2203
Our summary
A surgeon sought EB-1A extraordinary ability classification. Petitioner met judging and scholarly articles criteria but failed to demonstrate high salary through proper comparisons or original contributions of major significance. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for the classification.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Judging · Decision confirms surgeon participated as judge meeting criterion.
- Scholarly articles · Decision confirms authorship of scholarly articles in medical journals.
What was missing
- High salary · Wage comparisons for general surgeons insufficient; specialty data not comparable.
- Membership · Associations do not require outstanding achievements as judged by recognized experts.
- Original contributions · Reference letters insufficient; no demonstration of major significance to field.
- Final merits · Insufficient sustained national or international acclaim; not among small percentage at top.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Decision confirms surgeon participated as judge meeting criterion. | |
| Met | Decision confirms authorship of scholarly articles in medical journals. | |
| Not met | Wage comparisons for general surgeons insufficient; specialty data not comparable. | |
| Not met | Associations do not require outstanding achievements as judged by recognized experts. | |
| Not met | Reference letters insufficient; no demonstration of major significance to field. | |
| Not met | Insufficient sustained national or international acclaim; not among small percentage at top. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
