Outcome: Dismissed
Dec052012_05B2203
Our summary
A cardiology fellow sought EB-1A classification. Petitioner claimed awards, membership, original contributions, and high salary. AAO found only two criteria met (judging and scholarly articles). Without three criteria, the petitioner failed to demonstrate extraordinary ability. Appeal dismissed.
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 found petitioner participated as judge of others' work.
- Scholarly articles · Director found petitioner authored scholarly articles.
What was missing
- Awards · No fellowship award documented; counsel asserted fellowship but record contains no evidence of award.
- High salary · Job offer from hospital lacked signature, named no position, and showed no evidence of high salary commanded.
- Membership · No documentation showing outstanding achievement required for membership.
- Final merits · Petitioner failed to meet three criteria minimum; did not establish sustained national or international acclaim.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director found petitioner participated as judge of others' work. | |
| Met | Director found petitioner authored scholarly articles. | |
| Not met | No fellowship award documented; counsel asserted fellowship but record contains no evidence of award. | |
| Not met | Job offer from hospital lacked signature, named no position, and showed no evidence of high salary commanded. | |
| Not met | No documentation showing outstanding achievement required for membership. | |
| Not met | Petitioner failed to meet three criteria minimum; did not establish sustained national or international acclaim. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
