Outcome: Dismissed
MAY242021_02B2203
Our summary
An anesthesiologist and professor claimed extraordinary ability under five EB-1A criteria. The AAO affirmed that she met judging and scholarly articles criteria but found she did not meet membership or original contributions criteria. With only two criteria met, the petitioner fell short of the required three, and the appeal was 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 · Service center finding undisturbed; petitioner participated as judge of others' work
- Scholarly articles · Service center finding undisturbed; petitioner authored scholarly articles in peer-reviewed journals
What was missing
- Leading or critical role · Claimed but decision does not analyze; appeal dismissed for failing three-criterion threshold
- Membership · Record lacks evidence that membership required outstanding achievements judged by recognized experts
- Original contributions · Citations and downloads show attention but not major significance; lacks comparison to field standards
- Final merits · Petitioner lacks sustained national or international acclaim; not among small percentage at top of field
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Service center finding undisturbed; petitioner participated as judge of others' work | |
| Met | Service center finding undisturbed; petitioner authored scholarly articles in peer-reviewed journals | |
| Not met | Claimed but decision does not analyze; appeal dismissed for failing three-criterion threshold | |
| Not met | Record lacks evidence that membership required outstanding achievements judged by recognized experts | |
| Not met | Citations and downloads show attention but not major significance; lacks comparison to field standards | |
| Claimed, not analyzed | Criterion not claimed; decision states petitioner did not receive major award | |
| Not met | Petitioner lacks sustained national or international acclaim; not among small percentage at top of field |
A published decision describes one case. It is not legal advice and not a prediction for yours.
