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EB-1AChemistry and materialsIndividualDecided August 2021Dismissed

Outcome: Dismissed

AUG192021_01B2203

Scholarly articlesMetOriginal contributionsNot metPublished materialNot metLeading or critical roleClaimed, not analyzedFinal meritsNot met

Our summary

A research scientist in chemistry sought extraordinary ability classification. The service center accepted only the scholarly articles criterion. On appeal he claimed three more, covering published material, original contributions and leading role. The AAO dismissed, finding the evidence insufficient for three criteria and not showing sustained acclaim or top-of-field standing.

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

What the AAO accepted

  • Scholarly articles · Authored articles in leading professional journals, as the service center found and the AAO agreed.

What was missing

  • Original contributions · Work was novel but not shown to be of major significance; commercialization interest was only prospective.
  • Published material · Articles reported on his research rather than being about him, and lacked required author information.
  • Final merits · Record did not show sustained acclaim or standing among the small percentage at the very top.

Criteria

CriterionReadingWhy
Scholarly articlesMetAuthored articles in leading professional journals, as the service center found and the AAO agreed.
Original contributionsNot metWork was novel but not shown to be of major significance; commercialization interest was only prospective.
Published materialNot metArticles reported on his research rather than being about him, and lacked required author information.
Leading or critical roleClaimed, not analyzedClaimed but not analyzed in the decision as presented.
Final meritsNot metRecord did not show sustained acclaim or standing among the small percentage at the very top.

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

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