EB-1AHealthcare, clinicalIndividualDecided December 2019Dismissed
Outcome: Dismissed
DEC122019_01B2203
JudgingMetAwardsNot metHigh salaryNot metLeading or critical roleNot metMembershipNot metPublished materialNot metFinal meritsNot met
Our summary
An orthopedic surgeon seeking extraordinary ability classification as scientific advisor met only one of required three criteria through judging. The AAO dismissed the appeal because the petitioner did not establish high salary comparatives or critical role at a distinguished institution, and failed to demonstrate sustained national or international acclaim.
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 · Director and AAO found participation in juries evaluating graduate medical students satisfied criterion
What was missing
- Awards · Abandoned on appeal; Director finding of non-satisfaction not contested
- High salary · Letter from Venezuelan clinic unclear; actual remuneration and comparative figures not sufficiently documented
- Leading or critical role · University faculty position not presumptively critical; employer reputation not established
- Membership · Abandoned on appeal; Director finding of non-satisfaction not contested
- Published material · Abandoned on appeal; Director finding of non-satisfaction not contested
- Final merits · Only one criterion met; record reviewed in aggregate shows insufficient acclaim and top-tier standing
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Director and AAO found participation in juries evaluating graduate medical students satisfied criterion |
 Awards | Not met | Abandoned on appeal; Director finding of non-satisfaction not contested |
 High salary | Not met | Letter from Venezuelan clinic unclear; actual remuneration and comparative figures not sufficiently documented |
 Leading or critical role | Not met | University faculty position not presumptively critical; employer reputation not established |
 Membership | Not met | Abandoned on appeal; Director finding of non-satisfaction not contested |
 Published material | Not met | Abandoned on appeal; Director finding of non-satisfaction not contested |
 Final merits | Not met | Only one criterion met; record reviewed in aggregate shows insufficient acclaim and top-tier standing |
A published decision describes one case. It is not legal advice and not a prediction for yours.