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EB-1AHealthcare, clinicalEmployerDecided July 2024Dismissed

Outcome: Dismissed

JUL122024_01B2203

JudgingMetScholarly articlesMetAwardsNot metLeading or critical roleNot metMembershipNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

A physician in diagnostic radiology residency seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding only two criteria met and concluding the beneficiary lacks the sustained national or international acclaim required for the small percentage at the very top of the field.

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 · AAO agreed with Director that evidence satisfied judging criterion.
  • Scholarly articles · AAO agreed with Director that evidence satisfied scholarly articles criterion.

What was missing

  • Awards · Petitioner waived appeal on this criterion; Director found it not met.
  • Leading or critical role · Petitioner failed to establish distinguished reputation of organization where beneficiary had leading role.
  • Membership · Petitioner waived appeal on this criterion; Director found it not met.
  • Original contributions · Petitioner waived appeal on this criterion; Director found it not met.
  • Published material · Petitioner waived appeal on this criterion; Director found it not met.
  • Final merits · Beneficiary in early residency training; lacks sustained national or international acclaim required for extraordinary ability.

Criteria

CriterionReadingWhy
JudgingMetAAO agreed with Director that evidence satisfied judging criterion.
Scholarly articlesMetAAO agreed with Director that evidence satisfied scholarly articles criterion.
AwardsNot metPetitioner waived appeal on this criterion; Director found it not met.
Leading or critical roleNot metPetitioner failed to establish distinguished reputation of organization where beneficiary had leading role.
MembershipNot metPetitioner waived appeal on this criterion; Director found it not met.
Original contributionsNot metPetitioner waived appeal on this criterion; Director found it not met.
Published materialNot metPetitioner waived appeal on this criterion; Director found it not met.
Final meritsNot metBeneficiary in early residency training; lacks sustained national or international acclaim required for extraordinary ability.

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

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