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EB-1AHealthcare, clinicalIndividualDecided 2020Dismissed

Outcome: Dismissed

DEC312020_07B2203

Scholarly articlesMetOriginal contributionsNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

Orthopedic surgeon specializing in shoulder repair seeking EB-1A extraordinary ability classification. Claimed five criteria including original contributions and scholarly articles. AAO affirmed denial, finding petitioner met only two of three required criteria; original contributions lack evidence of major significance, and overall record does not demonstrate sustained national or international acclaim required for classification.

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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

  • Scholarly articles · Director determined criterion satisfied; AAO affirmed based on evidence of earnings

What was missing

  • Original contributions · Publications show work received attention but citation numbers and recommendation letters do not establish contributions of major significance to field
  • Final merits · Petitioner has not demonstrated sustained national or international acclaim or risen to very top of field as required

Criteria

CriterionReadingWhy
Scholarly articlesMetDirector determined criterion satisfied; AAO affirmed based on evidence of earnings
Original contributionsNot metPublications show work received attention but citation numbers and recommendation letters do not establish contributions of major significance to field
AwardsClaimed, not analyzedPetitioner did not claim or establish major internationally recognized award
Commercial successClaimed, not analyzedClaimed criterion not analyzed by decision
ExhibitionsClaimed, not analyzedClaimed criterion not analyzed by decision
High salaryClaimed, not analyzedClaimed criterion not analyzed by decision
JudgingClaimed, not analyzedClaimed criterion not analyzed by decision
Leading or critical roleClaimed, not analyzedClaimed criterion not analyzed by decision
MembershipClaimed, not analyzedClaimed criterion not analyzed by decision
Published materialClaimed, not analyzedClaimed criterion not analyzed by decision
Final meritsNot metPetitioner has not demonstrated sustained national or international acclaim or risen to very top of field as required

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

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