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EB-1ALife sciences and medicineIndividualDecided 2018Dismissed

Outcome: Dismissed

JAN112018_01B2203

Leading or critical roleMetScholarly articlesMetHigh salaryNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Neonatologist sought EB-1A extraordinary ability classification. Met only two initial criteria: scholarly articles and leading role. AAO dismissed appeal, finding petitioner failed to meet three-criterion threshold and aggregate record did not demonstrate sustained national acclaim or top-tier expertise.

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

  • Leading or critical role · Petitioner performed leading role streamlining neonatal protocols for distinguished organization
  • Scholarly articles · Director found petitioner authored scholarly articles in professional publications

What was missing

  • High salary · Salary of $231,255 not demonstrated as high relative to others in neonatology field during same period
  • Original contributions · Publications and presentations insufficient; no evidence of unusually influential or widely applied contributions
  • Final merits · Aggregate record does not support extraordinary ability or top percentage standing required

Criteria

CriterionReadingWhy
Leading or critical roleMetPetitioner performed leading role streamlining neonatal protocols for distinguished organization
Scholarly articlesMetDirector found petitioner authored scholarly articles in professional publications
High salaryNot metSalary of $231,255 not demonstrated as high relative to others in neonatology field during same period
Original contributionsNot metPublications and presentations insufficient; no evidence of unusually influential or widely applied contributions
Final meritsNot metAggregate record does not support extraordinary ability or top percentage standing required

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

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