EB-1AChemistry and materialsEmployerDecided August 2024Dismissed
Outcome: Dismissed
AUG142024_02B2203
JudgingMetLeading or critical roleMetScholarly articlesMetAwardsNot metOriginal contributionsNot metFinal meritsNot met
Our summary
Employer petitioned for materials science researcher seeking EB-1A extraordinary ability. AAO agreed the beneficiary met three initial criteria but dismissed the appeal, finding the final merits analysis showed insufficient sustained national or international acclaim and that the record relied on speculative future accomplishments rather than established current acclaim.
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 · Beneficiary satisfied judging criterion as determined by Director.
- Leading or critical role · Beneficiary satisfied leading or critical role for distinguished organizations criterion as determined by Director.
- Scholarly articles · Beneficiary satisfied scholarly articles criterion as determined by Director.
What was missing
- Awards · Beneficiary did not establish receipt of nationally or internationally recognized prizes for excellence.
- Original contributions · Evidence highlighted potential future growth; did not establish original contributions of major significance at time of filing.
- Final merits · Record lacks sufficient evidence of sustained national or international acclaim or upper echelon status; unrealized future accomplishments cannot substitute for current achievement.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Beneficiary satisfied judging criterion as determined by Director. |
 Leading or critical role | Met | Beneficiary satisfied leading or critical role for distinguished organizations criterion as determined by Director. |
 Scholarly articles | Met | Beneficiary satisfied scholarly articles criterion as determined by Director. |
 Awards | Not met | Beneficiary did not establish receipt of nationally or internationally recognized prizes for excellence. |
 Original contributions | Not met | Evidence highlighted potential future growth; did not establish original contributions of major significance at time of filing. |
 Final merits | Not met | Record lacks sufficient evidence of sustained national or international acclaim or upper echelon status; unrealized future accomplishments cannot substitute for current achievement. |
A published decision describes one case. It is not legal advice and not a prediction for yours.