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EB-1AHealthcare, clinicalIndividualDecided 2016Dismissed

Outcome: Dismissed

DEC062016_01B2203

JudgingMetScholarly articlesMetAwardsNot metHigh salaryNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

A radiation oncologist seeks EB-1A extraordinary ability classification. Claimed multiple criteria; AAO found three criteria technically met but dismissed the appeal, concluding the totality of evidence does not demonstrate sustained national or international acclaim or placement at the very top of the field of endeavor.

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 · Petitioner edited publications and participated in peer review
  • Scholarly articles · Petitioner published three articles in professional journals

What was missing

  • Awards · Fellowship does not indicate national or international acclaim or high recognition
  • High salary · High salary compared to fellows, not to oncologists in field
  • Membership · Membership granted by council regulation does not reflect achievement recognition in field
  • Original contributions · Unique skills and abilities do not constitute major contribution to field
  • Final merits · Evidence insufficient to demonstrate sustained national or international acclaim at top of field

Criteria

CriterionReadingWhy
JudgingMetPetitioner edited publications and participated in peer review
Scholarly articlesMetPetitioner published three articles in professional journals
AwardsNot metFellowship does not indicate national or international acclaim or high recognition
High salaryNot metHigh salary compared to fellows, not to oncologists in field
MembershipNot metMembership granted by council regulation does not reflect achievement recognition in field
Original contributionsNot metUnique skills and abilities do not constitute major contribution to field
Final meritsNot metEvidence insufficient to demonstrate 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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