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EB-1ALaw, policy, social scienceIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG092023_02B2203

Leading or critical roleNot metPublished materialNot metScholarly articlesNot metMembershipClaimed, not analyzedFinal meritsNot reached / not discussed

Our summary

Social worker seeks EB-1A classification for extraordinary ability. Claimed authorship of scholarly articles and leading role in established organization. AAO found unpublished manuscripts and insufficient evidence of distinguished organizational reputation; failed to meet three required criteria; appeal dismissed.

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Leading or critical role · Documents show formation of organization but petitioner did not explicitly claim or establish distinguished reputation requirement.
  • Published material · Director evaluated; petitioner did not explain how director erred on this criterion.
  • Scholarly articles · Two submitted manuscripts unpublished at petition filing; criterion requires publication in professional or major media.

Criteria

CriterionReadingWhy
Leading or critical roleNot metDocuments show formation of organization but petitioner did not explicitly claim or establish distinguished reputation requirement.
Published materialNot metDirector evaluated; petitioner did not explain how director erred on this criterion.
Scholarly articlesNot metTwo submitted manuscripts unpublished at petition filing; criterion requires publication in professional or major media.
MembershipClaimed, not analyzedMembership in academic honor society but not claimed on appeal; unclear if meets criterion.
Final meritsNot reached / not discussedNot reached because petitioner failed initial evidence requirement of three criteria.

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

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