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EB-1AHealthcare, clinicalIndividualDecided January 2025Dismissed

Outcome: Dismissed

JAN272025_02B2203

JudgingMetAwardsNot metHigh salaryNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Massage therapist claiming EB-1A extraordinary ability. AAO found only one criterion met (judging) where three required; original contributions and high salary not shown; academy did not support sustained acclaim or recognition at top of field. 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 and AAO found petitioner satisfies judging criterion.

What was missing

  • Awards · No evidence of major, internationally recognized award established.
  • High salary · No evidence submitted that meets plain language requirements of criterion; no comparison to remuneration of others in field.
  • Membership · Claimed for first time on appeal; cannot assert new criterion on appeal; membership in National Federation of Massage Therapists does not meet plain language requirements.
  • Original contributions · No evidence of special technique's appreciable impact on field; petitioner failed to explain how evidence supports claim; burden of proof not met.
  • Final merits · Record in aggregate does not support sustained national or international acclaim; petitioner lacks career of acclaimed work required for classification.

Criteria

CriterionReadingWhy
JudgingMetDirector and AAO found petitioner satisfies judging criterion.
AwardsNot metNo evidence of major, internationally recognized award established.
High salaryNot metNo evidence submitted that meets plain language requirements of criterion; no comparison to remuneration of others in field.
MembershipNot metClaimed for first time on appeal; cannot assert new criterion on appeal; membership in National Federation of Massage Therapists does not meet plain language requirements.
Original contributionsNot metNo evidence of special technique's appreciable impact on field; petitioner failed to explain how evidence supports claim; burden of proof not met.
Final meritsNot metRecord in aggregate does not support sustained national or international acclaim; petitioner lacks career of acclaimed work required for classification.

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

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