EB-1AHealthcare, clinicalIndividualDecided October 2021Dismissed
Outcome: Dismissed
OCT152021_01B2203
JudgingMetScholarly articlesMetAwardsNot metOriginal contributionsNot metHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedFinal meritsNot met
Our summary
A surgical ophthalmologist sought extraordinary ability classification, initially claiming seven criteria. The director accepted judging and scholarly articles. The AAO agreed on judging, found the award and original contributions claims unproven, treated membership and salary as waived, and concluded the evidence did not show sustained acclaim, dismissing the appeal.
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 · Record shows peer review for several scholarly journals; the AAO agreed with the Director.
- Scholarly articles · Director's favorable finding on authorship of scholarly articles was not disturbed.
What was missing
- Awards · The regional medical science prize was not shown to be nationally or internationally recognized for excellence.
- Original contributions · Publishing in highly ranked journals did not show contributions of major significance in the field.
- Final merits · Record did not show sustained national or international acclaim or standing among the very top of the field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Record shows peer review for several scholarly journals; the AAO agreed with the Director. |
 Scholarly articles | Met | Director's favorable finding on authorship of scholarly articles was not disturbed. |
 Awards | Not met | The regional medical science prize was not shown to be nationally or internationally recognized for excellence. |
 Original contributions | Not met | Publishing in highly ranked journals did not show contributions of major significance in the field. |
 High salary | Claimed, not analyzed | Claimed initially but not pursued on appeal; deemed waived and not addressed. |
 Leading or critical role | Claimed, not analyzed | Claimed but not analyzed in the available decision text. |
 Membership | Claimed, not analyzed | Claimed initially but not pursued on appeal; deemed waived and not addressed. |
 Final merits | Not met | Record did not show sustained national or international acclaim or standing among the very top of the field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.