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EB-1AElectrical and electronic engineeringIndividualDecided 2005Dismissed

Outcome: Dismissed

APR052005_19B2203

Scholarly articlesMetHigh salaryNot metMembershipNot metOriginal contributionsNot metPublished materialNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedFinal meritsNot met

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

CriterionReadingWhy
Scholarly articlesMetPetitioner's widely cited articles authored during PhD demonstrate significance of scholarly publications.
High salaryNot metPetitioner did not demonstrate income significantly higher than others in same position nationally.
MembershipNot metDirector determined ACS and IEEE membership does not require outstanding achievements as defined.
Original contributionsNot metWithout evidence beyond cited articles and no contributions demonstrated after 1997, does not meet criterion.
Published materialNot metCiting articles were not about petitioner; citations considered under scholarly article criterion instead.
AwardsClaimed, not analyzedNot claimed or analyzed in decision.
Commercial successClaimed, not analyzedNot claimed or analyzed; criterion not addressed.
JudgingClaimed, not analyzedNot claimed or analyzed in decision.
Leading or critical roleClaimed, not analyzedNot claimed or analyzed in decision.
Final meritsNot metPetitioner 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.

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