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EB-1AHealthcare, clinicalEmployerDecided 2019Dismissed

Outcome: Dismissed

AUG072019_03B2203

JudgingMetScholarly articlesMetHigh salaryNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

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

CriterionReadingWhy
JudgingMetDecision confirms surgeon participated as judge meeting criterion.
Scholarly articlesMetDecision confirms authorship of scholarly articles in medical journals.
High salaryNot metWage comparisons for general surgeons insufficient; specialty data not comparable.
MembershipNot metAssociations do not require outstanding achievements as judged by recognized experts.
Original contributionsNot metReference letters insufficient; no demonstration of major significance to field.
Final meritsNot metInsufficient 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.

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