Outcome: Dismissed
APR052005_19B2203
Our summary
An engineer sought EB-1A extraordinary ability classification. The petitioner met the scholarly articles criterion through widely cited PhD publications. However, the AAO found he met only one criterion when three are required, and concluded evidence does not demonstrate sustained national or international acclaim or status among the 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
- Scholarly articles · Petitioner's widely cited articles authored during PhD demonstrate significance of scholarly publications.
What was missing
- High salary · Petitioner did not demonstrate income significantly higher than others in same position nationally.
- Membership · Director determined ACS and IEEE membership does not require outstanding achievements as defined.
- Original contributions · Without evidence beyond cited articles and no contributions demonstrated after 1997, does not meet criterion.
- Published material · Citing articles were not about petitioner; citations considered under scholarly article criterion instead.
- Final merits · Petitioner shows talent but achievements not persuasively set significantly above others in engineering.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Petitioner's widely cited articles authored during PhD demonstrate significance of scholarly publications. | |
| Not met | Petitioner did not demonstrate income significantly higher than others in same position nationally. | |
| Not met | Director determined ACS and IEEE membership does not require outstanding achievements as defined. | |
| Not met | Without evidence beyond cited articles and no contributions demonstrated after 1997, does not meet criterion. | |
| Not met | Citing articles were not about petitioner; citations considered under scholarly article criterion instead. | |
| Claimed, not analyzed | Not claimed or analyzed in decision. | |
| Claimed, not analyzed | Not claimed or analyzed; criterion not addressed. | |
| Claimed, not analyzed | Not claimed or analyzed in decision. | |
| Claimed, not analyzed | Not claimed or analyzed in decision. | |
| Not met | Petitioner shows talent but achievements not persuasively set significantly above others in engineering. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
