EB-1AHealthcare, clinicalIndividualDecided 2012Dismissed
Outcome: Dismissed
Jan112012_01B2203
AwardsClaimed, not analyzedHigh salaryClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met
Our summary
Orthopedic surgeon claimed extraordinary ability and sought to submit comparable evidence under the catch-all provision. AAO held that comparable evidence is unavailable when ten statutory criteria apply to the occupation and petitioner failed to meet three of them.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Final merits · Comparable evidence standard inapplicable when petitioner cannot meet plain language of three regulatory criteria
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Claimed, not analyzed | Claimed but not analyzed; decision focuses on comparable evidence and regulatory applicability |
 High salary | Claimed, not analyzed | Claimed but not analyzed; decision focuses on comparable evidence argument |
 Published material | Claimed, not analyzed | Claimed but not analyzed; decision focuses on comparable evidence argument |
 Final merits | Not met | Comparable evidence standard inapplicable when petitioner cannot meet plain language of three regulatory criteria |
A published decision describes one case. It is not legal advice and not a prediction for yours.