remanded EB-1A

Doctor Of Traditional Chinese Medicine

Traditional Chinese Medicine · China · 2024-07-24

Decision Date
2024-07-24
Location
California
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

3 of 3 criteria met
Original Contributions of Major Significance (Met)

The Petitioner copyrighted and commercialized unique therapies, generating significant licensing fees and receiving expert validation.

Participation as a Judge (Met)

The Petitioner served as an expert judge evaluating traditional Chinese medicine projects such as Tuina and moxibustion.

High Salary (Met)

The Petitioner earned 1.2 million yuan annually, which is significantly higher than the average salary for senior doctors in China.

Memberships (Partially Met)

The AAO declined to reach a conclusion on this criterion as the petitioner already met the required three.

Leading or Critical Role (Not Met)

The Petitioner did not specifically contest the Director's finding on this criterion on appeal, so it was considered waived.

Why This Petition Was Remanded

The Petitioner satisfied the original contributions criterion through copyrighted therapies for liver ascites and juvenile nearsightedness that generated significant licensing revenue (1.6 million yuan). The judging criterion was met through evidence of evaluating projects for a Chinese association. The high salary criterion was met with earnings of 1.2 million yuan, which significantly exceeds the average for doctors in China.

Evidence

Evidence Types
Original Contributions
Judging Experience
High Salary
Commercial Success
Reference Letters Dependent
Evidence Submitted
  • Copyrighted treatments for liver ascites, menstrual pain, and juvenile nearsightedness
  • Licensing agreements with Chinese medical clinics generating 1.6 million yuan annually
  • Expert judge for three projects involving Tuina and moxibustion (2021-2022)
  • Annual salary of 1.2 million yuan at his own clinic
  • Expert recommendation letters describing therapies as 'innovative' and 'distinguished'
  • Lectures in China and Hong Kong on specialized therapies

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Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-24.

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At a Glance

Outcome remanded
Criteria Met 3 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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