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EB-1AHealthcare, clinicalIndividualDecided 2018Dismissed

Outcome: Dismissed

FEB072018_01B2203

JudgingMetOriginal contributionsMetScholarly articlesMetLeading or critical roleNot metPublished materialNot metFinal meritsNot reached / not discussed

Our summary

A traditional Chinese medicine physician sought EB-1A extraordinary ability classification. The AAO found the petitioner satisfied only two criteria: judging and scholarly articles. The petitioner claimed three additional criteria but failed to demonstrate they were met. The AAO dismissed the appeal, finding the petitioner did not meet the required threshold of at least three criteria.

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 served as editorial committee member of professional journal
  • Original contributions · Petitioner authored articles published in professional journals
  • Scholarly articles · Director found criterion satisfied; AAO affirmed determination

What was missing

  • Leading or critical role · Organization lacked demonstrated distinguished reputation despite petitioner holding leadership position
  • Published material · Articles not about petitioner; publication significance unverified; articles postdate filing

Criteria

CriterionReadingWhy
JudgingMetPetitioner served as editorial committee member of professional journal
Original contributionsMetPetitioner authored articles published in professional journals
Scholarly articlesMetDirector found criterion satisfied; AAO affirmed determination
Leading or critical roleNot metOrganization lacked demonstrated distinguished reputation despite petitioner holding leadership position
Published materialNot metArticles not about petitioner; publication significance unverified; articles postdate filing
Final meritsNot reached / not discussedPetitioner failed initial three-criterion threshold; final merits determination not required

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

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