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EB-1ABiotech and pharmaIndividualDecided April 2026Dismissed

Outcome: Dismissed

APR062026_03B2203

JudgingMetLeading or critical roleMetOriginal contributionsMetPublished materialMetScholarly articlesMetAwardsNot metMembershipNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedFinal meritsNot met

Our summary

CEO and inhaled drug delivery researcher claimed EB-1A extraordinary ability, satisfying five initial evidentiary criteria. AAO held totality of evidence insufficient for final merits determination; petitioner lacked sustained national acclaim and did not demonstrate career of acclaimed work placing him among field's 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

  • Judging · Accepted by SCOPS; meets judging criterion
  • Leading or critical role · Accepted by SCOPS; meets leading or critical role criterion
  • Original contributions · Accepted by SCOPS; meets original contributions criterion
  • Published material · Accepted by SCOPS; meets published materials criterion
  • Scholarly articles · Accepted by SCOPS; meets scholarly articles criterion

What was missing

  • Awards · No major internationally recognized award; awards shown lack contextualization demonstrating excellence in inhaled drug delivery field
  • Membership · Memberships in ISAM, ATS, ERS do not distinguish petitioner from others or reflect small percentage at top of field
  • Final merits · Despite meeting five criteria, petitioner does not demonstrate sustained national or international acclaim or career of acclaimed work; insufficient to show small percentage at very top of field

Criteria

CriterionReadingWhy
JudgingMetAccepted by SCOPS; meets judging criterion
Leading or critical roleMetAccepted by SCOPS; meets leading or critical role criterion
Original contributionsMetAccepted by SCOPS; meets original contributions criterion
Published materialMetAccepted by SCOPS; meets published materials criterion
Scholarly articlesMetAccepted by SCOPS; meets scholarly articles criterion
AwardsNot metNo major internationally recognized award; awards shown lack contextualization demonstrating excellence in inhaled drug delivery field
MembershipNot metMemberships in ISAM, ATS, ERS do not distinguish petitioner from others or reflect small percentage at top of field
Commercial successClaimed, not analyzedNot claimed or analyzed
ExhibitionsClaimed, not analyzedNot applicable or claimed
High salaryClaimed, not analyzedNot claimed or analyzed
Final meritsNot metDespite meeting five criteria, petitioner does not demonstrate sustained national or international acclaim or career of acclaimed work; insufficient to show small percentage at very top of field

A published decision describes one case. It is not legal advice and not a prediction for yours.

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