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EB-1AHealthcare, clinicalIndividualDecided 2021Dismissed

Outcome: Dismissed

JUL082021_02B2203

JudgingMetScholarly articlesMetAwardsNot metMembershipNot metLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

A neurological surgeon claimed seven criteria for EB-1A extraordinary ability. The AAO affirmed the Director's finding that she met judging and scholarly articles but rejected awards and membership, and determined that meeting only two criteria did not demonstrate sustained national or international acclaim at the top tier.

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 determined criterion satisfied; decision did not disturb
  • Scholarly articles · Director determined criterion satisfied; decision did not disturb

What was missing

  • Awards · Student and training awards not shown to recognize excellence in neurosurgery field itself
  • Membership · Professional organizations membership standards do not require outstanding achievements
  • Final merits · Two criteria met insufficient to establish extraordinary ability at top tier of field

Criteria

CriterionReadingWhy
JudgingMetDirector determined criterion satisfied; decision did not disturb
Scholarly articlesMetDirector determined criterion satisfied; decision did not disturb
AwardsNot metStudent and training awards not shown to recognize excellence in neurosurgery field itself
MembershipNot metProfessional organizations membership standards do not require outstanding achievements
Leading or critical roleClaimed, not analyzedClaimed but not analyzed
Original contributionsClaimed, not analyzedClaimed but not analyzed
Published materialClaimed, not analyzedClaimed but not analyzed
Final meritsNot metTwo criteria met insufficient to establish extraordinary ability at top tier of field

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

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