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EB-1AHealthcare, clinicalIndividualDecided August 2022Dismissed

Outcome: Dismissed

AUG222022_01B2203

JudgingMetScholarly articlesMetAwardsNot metLeading or critical roleNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Transplant surgeon seeking EB-1A classification. Claimed six criteria; service center found only two met (judging and scholarly articles). AAO affirmed, finding remaining four criteria unsatisfied and concluding cumulative evidence insufficient for extraordinary ability at very top of field.

Official PDF

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Judging · Director's determination that criterion was satisfied is not disturbed on appeal.
  • Scholarly articles · Director's determination that criterion was satisfied is not disturbed on appeal.

What was missing

  • Awards · No major internationally recognized award; must satisfy alternate criteria.
  • Leading or critical role · Role as assistant professor does not demonstrate leading or critical role at distinguished organization.
  • Membership · Memberships in ACS, Alpha Omega Alpha, and Sigma Xi do not require outstanding achievements as judged by recognized national or international experts.
  • Original contributions · Altmetric profiles and social media mentions insufficient to show major significance; no evidence of impact on field.
  • Final merits · Only two criteria met; publication and peer review alone insufficient to show sustained national or international acclaim at top of field.

Criteria

CriterionReadingWhy
JudgingMetDirector's determination that criterion was satisfied is not disturbed on appeal.
Scholarly articlesMetDirector's determination that criterion was satisfied is not disturbed on appeal.
AwardsNot metNo major internationally recognized award; must satisfy alternate criteria.
Leading or critical roleNot metRole as assistant professor does not demonstrate leading or critical role at distinguished organization.
MembershipNot metMemberships in ACS, Alpha Omega Alpha, and Sigma Xi do not require outstanding achievements as judged by recognized national or international experts.
Original contributionsNot metAltmetric profiles and social media mentions insufficient to show major significance; no evidence of impact on field.
Final meritsNot metOnly two criteria met; publication and peer review alone insufficient to show sustained national or international acclaim at top of field.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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