Outcome: Dismissed
APR042013_01B2203
Our summary
A beneficiary sought EB-1A classification as executive director of clinical research. Director found only judging criterion met. Multiple contested criteria were abandoned by counsel on appeal. Beneficiary failed to establish three criteria minimum. Appeal 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 · Director found beneficiary met judging criterion.
What was missing
- High salary · Director determined petitioner failed to establish high salary criterion; appellant abandoned on appeal.
- Membership · Director determined petitioner failed to establish membership criterion; appellant abandoned on appeal.
- Original contributions · Director thoroughly analyzed and determined beneficiary failed to meet original contributions criterion.
- Published material · Director determined petitioner failed to establish published material criterion; appellant abandoned on appeal.
- Scholarly articles · Director determined petitioner failed to establish scholarly articles criterion; appellant abandoned on appeal.
- Final merits · Beneficiary met only one criterion (judging); failed to meet three-criterion minimum for extraordinary ability as researcher.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director found beneficiary met judging criterion. | |
| Not met | Director determined petitioner failed to establish high salary criterion; appellant abandoned on appeal. | |
| Not met | Director determined petitioner failed to establish membership criterion; appellant abandoned on appeal. | |
| Not met | Director thoroughly analyzed and determined beneficiary failed to meet original contributions criterion. | |
| Not met | Director determined petitioner failed to establish published material criterion; appellant abandoned on appeal. | |
| Not met | Director determined petitioner failed to establish scholarly articles criterion; appellant abandoned on appeal. | |
| Not met | Beneficiary met only one criterion (judging); failed to meet three-criterion minimum for extraordinary ability as researcher. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
