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EB-1ALife sciences and medicineIndividualDecided August 2020Dismissed

Outcome: Dismissed

AUG192020_02B2203

JudgingMetScholarly articlesMetOriginal contributionsNot metFinal meritsNot met

Our summary

Postdoctoral researcher in biomedical science seeking EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. AAO dismissed appeal, finding insufficient evidence that research impact rises to major significance level required for extraordinary ability classification.

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 · Director determined petitioner fulfilled judging criterion; AAO agreed with this finding on appeal
  • Scholarly articles · Director determined petitioner fulfilled scholarly articles criterion; AAO agreed with this finding

What was missing

  • Original contributions · Record does not show contributions of major significance to field; highly-cited publications insufficient without evidence of widespread impact
  • Final merits · Petitioner did not meet three regulatory criteria as required; lacks sustained national or international acclaim and top-tier field status

Criteria

CriterionReadingWhy
JudgingMetDirector determined petitioner fulfilled judging criterion; AAO agreed with this finding on appeal
Scholarly articlesMetDirector determined petitioner fulfilled scholarly articles criterion; AAO agreed with this finding
Original contributionsNot metRecord does not show contributions of major significance to field; highly-cited publications insufficient without evidence of widespread impact
Final meritsNot metPetitioner did not meet three regulatory criteria as required; lacks sustained national or international acclaim and top-tier field status

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

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