EB-1AHealthcare, clinicalIndividualDecided February 2021Dismissed
Outcome: Dismissed
FEB252021_02B2203
High salaryMetCommercial successNot metExhibitionsNot metLeading or critical roleNot metPublished materialNot metScholarly articlesNot metOriginal contributionsClaimed, not analyzed
Our summary
Dermatologist established clinic offering skincare and aesthetic treatments, appeared on television and radio providing medical commentary. Claimed seven criteria; Director found only remuneration criterion met. AAO affirmed five criteria not satisfied and found record lacks sustained national or international acclaim required for extraordinary ability.
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
- High salary · Director determined criterion satisfied; remuneration determination not disturbed on appeal
What was missing
- Commercial success · Petitioner not employed in performing arts; criterion inapplicable
- Exhibitions · Conference appearances and broadcast media not artistic exhibitions or showcases as required
- Leading or critical role · Speaking credibly within professional authority insufficient; reputations of broadcasters not dependent on petitioner's contributions
- Published material · Broadcasts in Spanish without complete translations; petitioner appeared as commentator, not subject of news coverage
- Scholarly articles · Articles claimed under published material also claimed here; no demonstration of scholarly content
Criteria
| Criterion | Reading | Why |
|---|---|---|
 High salary | Met | Director determined criterion satisfied; remuneration determination not disturbed on appeal |
 Commercial success | Not met | Petitioner not employed in performing arts; criterion inapplicable |
 Exhibitions | Not met | Conference appearances and broadcast media not artistic exhibitions or showcases as required |
 Leading or critical role | Not met | Speaking credibly within professional authority insufficient; reputations of broadcasters not dependent on petitioner's contributions |
 Published material | Not met | Broadcasts in Spanish without complete translations; petitioner appeared as commentator, not subject of news coverage |
 Scholarly articles | Not met | Articles claimed under published material also claimed here; no demonstration of scholarly content |
 Original contributions | Claimed, not analyzed | Claimed but not analyzed in detail |
A published decision describes one case. It is not legal advice and not a prediction for yours.