Outcome: Dismissed
JAN032023_01B2203
Our summary
Self-petitioner, physician specializing in clinical and other medicine, sought EB-1A extraordinary ability classification. Met only two of ten criteria: scholarly articles and judging. Failed to demonstrate sustained national or international acclaim or recognition as top practitioner. Record shows accomplished but not extraordinarily able physician.
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's finding of met on judging accepted on appeal.
- Scholarly articles · Director's finding of met on authorship of scholarly articles accepted on appeal.
What was missing
- Awards · No major, internationally recognized award documented.
- High salary · Salary as hospitalist does not constitute high salary relative to others in field.
- Leading or critical role · Performed critical roles at hospital and professional chapter but organizations lack distinguished reputation.
- Membership · APCR fellowship does not require outstanding achievements; does not meet regulatory criterion requiring outstanding achievement requirement.
- Original contributions · Petitioner failed to establish original scientific contributions of major significance; no additional arguments provided on appeal.
- Final merits · Record does not demonstrate sustained national or international acclaim or career of acclaimed work; petitioner talented but not at top of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director's finding of met on judging accepted on appeal. | |
| Met | Director's finding of met on authorship of scholarly articles accepted on appeal. | |
| Not met | No major, internationally recognized award documented. | |
| Not met | Salary as hospitalist does not constitute high salary relative to others in field. | |
| Not met | Performed critical roles at hospital and professional chapter but organizations lack distinguished reputation. | |
| Not met | APCR fellowship does not require outstanding achievements; does not meet regulatory criterion requiring outstanding achievement requirement. | |
| Not met | Petitioner failed to establish original scientific contributions of major significance; no additional arguments provided on appeal. | |
| Not met | Record does not demonstrate sustained national or international acclaim or career of acclaimed work; petitioner talented but not at top of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
