EB-1ALife sciences and medicineEmployerDecided 2005Dismissed
Outcome: Dismissed
APR272005_09B2203
Original contributionsMetScholarly articlesMetAwardsNot metLeading or critical roleNot metMembershipNot metPublished materialNot metFinal meritsNot met
Our summary
Employer-sponsored biomedical researcher claimed six criteria for EB-1A extraordinary ability. AAO found two criteria met but required three, concluding petitioner failed to establish sustained national or international acclaim at the top level of the field.
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
- Original contributions · Patents and patent applications demonstrate major scientific contributions in field.
- Scholarly articles · Authorship of scholarly articles criterion satisfied; citations of work support major contribution.
What was missing
- Awards · Cannot artificially restrict field to exclude advanced researchers; scholarships insufficient.
- Leading or critical role · Assertions of promising future do not establish major success; evidence falls short of critical role.
- Membership · Membership based on two years research and publications does not constitute outstanding achievement.
- Published material · Editorial discussion of research topic routine; single editorial not indicative of sustained acclaim.
- Final merits · Met two criteria only; failed to meet three required; no sustained national or international acclaim.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Original contributions | Met | Patents and patent applications demonstrate major scientific contributions in field. |
 Scholarly articles | Met | Authorship of scholarly articles criterion satisfied; citations of work support major contribution. |
 Awards | Not met | Cannot artificially restrict field to exclude advanced researchers; scholarships insufficient. |
 Leading or critical role | Not met | Assertions of promising future do not establish major success; evidence falls short of critical role. |
 Membership | Not met | Membership based on two years research and publications does not constitute outstanding achievement. |
 Published material | Not met | Editorial discussion of research topic routine; single editorial not indicative of sustained acclaim. |
 Final merits | Not met | Met two criteria only; failed to meet three required; no sustained national or international acclaim. |
A published decision describes one case. It is not legal advice and not a prediction for yours.