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EB-1APhysics and astronomyIndividualDecided April 2020Dismissed

Outcome: Dismissed

APR232020_20B2203

JudgingMetScholarly articlesMetOriginal contributionsNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

A physicist claimed three criteria for extraordinary ability. The AAO affirmed the service center's finding that judging and scholarly articles were met. The third criterion, original contributions of major significance, failed: publication in high-impact journals and cumulative citations did not demonstrate field-wide impact or major significance to physics.

Official PDF

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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 · Director found petitioner peer reviewed manuscripts for scientific journals; decision affirms
  • Scholarly articles · Director found petitioner met criterion through co-authorship of peer-reviewed articles; decision affirms

What was missing

  • Original contributions · Publication in high-impact journals and citation record insufficient; no evidence of major significance or field-wide impact
  • Final merits · Evidence does not demonstrate sustained national or international acclaim or place among small percentage at top of field

Criteria

CriterionReadingWhy
JudgingMetDirector found petitioner peer reviewed manuscripts for scientific journals; decision affirms
Scholarly articlesMetDirector found petitioner met criterion through co-authorship of peer-reviewed articles; decision affirms
Original contributionsNot metPublication in high-impact journals and citation record insufficient; no evidence of major significance or field-wide impact
AwardsClaimed, not analyzedCriterion not claimed or analyzed in decision
Commercial successClaimed, not analyzedCriterion not claimed or analyzed in decision
ExhibitionsClaimed, not analyzedCriterion not claimed or analyzed in decision
High salaryClaimed, not analyzedCriterion not claimed or analyzed in decision
Leading or critical roleClaimed, not analyzedCriterion not claimed or analyzed in decision
MembershipClaimed, not analyzedCriterion not claimed or analyzed in decision
Published materialClaimed, not analyzedCriterion not claimed; published articles analyzed under original contributions only
Final meritsNot metEvidence does not demonstrate sustained national or international acclaim or place among small percentage at top of field

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

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