EB-1AAgriculture and foodIndividualDecided August 2022Dismissed
Outcome: Dismissed
AUG162022_01B2203
JudgingMetScholarly articlesMetOriginal contributionsNot metFinal meritsNot met
Our summary
A plant pathologist sought extraordinary ability classification based on research on tropical fruit diseases. The Director accepted two criteria; the petitioner argued a third, original contributions. The AAO dismissed the appeal because a patent without adoption or demonstrated impact did not show major significance, and the overall record lacked sustained acclaim.
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What the AAO accepted
- Judging · Director found this criterion satisfied; AAO did not disturb it.
- Scholarly articles · Director found this criterion satisfied; AAO did not disturb it.
What was missing
- Original contributions · Patent lacked evidence of adoption or actual impact on the field; contributions not of major significance.
- Final merits · Record in aggregate did not show sustained acclaim or standing at the very top of the field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Director found this criterion satisfied; AAO did not disturb it. |
 Scholarly articles | Met | Director found this criterion satisfied; AAO did not disturb it. |
 Original contributions | Not met | Patent lacked evidence of adoption or actual impact on the field; contributions not of major significance. |
 Final merits | Not met | Record in aggregate did not show sustained acclaim or standing at the very top of the field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.