EB-1AHealthcare, clinicalIndividualDecided November 2024Dismissed
Outcome: Dismissed
NOV122024_03B2203
JudgingMetScholarly articlesMetMembershipNot metPublished materialNot metLeading or critical roleClaimed, not analyzedFinal meritsNot met
Our summary
Orthopedic surgeon specializing in spinal surgery claimed extraordinary ability. Met two of six claimed criteria: judging and scholarly articles. AAO dismissed, finding membership and published material criteria unmet. Three similar Chinese articles published nearly simultaneously raised questions about authenticity and common origin. Insufficient evidence of sustained national acclaim; did not demonstrate place at field's very top.
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 found petitioner satisfied this criterion; not contested on appeal
- Scholarly articles · Director found petitioner satisfied this criterion; not contested on appeal
What was missing
- Membership · Association membership requirements do not mandate outstanding achievements; no showing of expert judgment in approvals
- Published material · Chinese articles lack proper translation certifications; suspicious similarities suggest common authorship or fabrication
- Final merits · Only two criteria met; three articles lack sustained history of national or international acclaim; concerns about authenticity undermine credibility
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Director found petitioner satisfied this criterion; not contested on appeal |
 Scholarly articles | Met | Director found petitioner satisfied this criterion; not contested on appeal |
 Membership | Not met | Association membership requirements do not mandate outstanding achievements; no showing of expert judgment in approvals |
 Published material | Not met | Chinese articles lack proper translation certifications; suspicious similarities suggest common authorship or fabrication |
 Leading or critical role | Claimed, not analyzed | Claimed but not analyzed in decision |
 Final merits | Not met | Only two criteria met; three articles lack sustained history of national or international acclaim; concerns about authenticity undermine credibility |
A published decision describes one case. It is not legal advice and not a prediction for yours.