EB-1ALife sciences and medicineIndividualDecided April 2021Dismissed
Outcome: Dismissed
APR152021_03B2203
JudgingMetScholarly articlesMetLeading or critical roleNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met
Our summary
A postdoctoral molecular and cellular biologist sought EB-1A classification. Prior appeal dismissed after finding only two of ten criteria met. Motion to reopen and reconsider was denied; AAO reaffirmed that petitioner satisfied only judging and scholarly articles criteria, did not meet original contributions and other criteria, and lacked sustained international acclaim necessary for extraordinary ability.
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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Judging · Prior decision found petitioner satisfied judging criterion
- Scholarly articles · Prior decision found petitioner satisfied authorship of scholarly articles
What was missing
- Leading or critical role · Evidence did not satisfy leading or critical role criterion
- Original contributions · Motion reconsidered and decision reaffirmed petitioner did not meet criterion
- Published material · Evidence did not satisfy published materials about petitioner criterion
- Final merits · Record insufficient to show sustained acclaim and top small percentage of field
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Prior decision found petitioner satisfied judging criterion |
 Scholarly articles | Met | Prior decision found petitioner satisfied authorship of scholarly articles |
 Leading or critical role | Not met | Evidence did not satisfy leading or critical role criterion |
 Original contributions | Not met | Motion reconsidered and decision reaffirmed petitioner did not meet criterion |
 Published material | Not met | Evidence did not satisfy published materials about petitioner criterion |
 Final merits | Not met | Record insufficient to show sustained acclaim and top small percentage of field |
A published decision describes one case. It is not legal advice and not a prediction for yours.