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EB-1ALife sciences and medicineIndividualDecided August 2024Dismissed

Outcome: Dismissed

AUG292024_01B2203

JudgingMetScholarly articlesMetAwardsNot metHigh salaryNot metLeading or critical roleNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Research scientist sought EB-1A extraordinary ability classification. She claimed multiple criteria including scholarly articles and judging. AAO found she met only two of ten required criteria (scholarly articles and judging), falling short of three-criterion threshold. Final merits analysis confirmed insufficient evidence of sustained national or international acclaim at top of field.

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 · Petitioner demonstrated participation as judge of work of others in her field.
  • Scholarly articles · Petitioner met burden to demonstrate authorship of scholarly articles.

What was missing

  • Awards · No major internationally recognized award submitted or established.
  • High salary · Director determined petitioner did not establish high salary in relation to others in her field.
  • Leading or critical role · Postdoctoral fellow role described as trainee position; insufficient evidence that role was leading or critical without detailed supervisor statement.
  • Membership · Director found petitioner did not establish membership in professional associations requiring outstanding achievements.
  • Original contributions · Director concluded petitioner did not establish original contributions of major significance in her field.
  • Final merits · Record does not demonstrate sustained national or international acclaim or that petitioner is among small percentage at very top of field.

Criteria

CriterionReadingWhy
JudgingMetPetitioner demonstrated participation as judge of work of others in her field.
Scholarly articlesMetPetitioner met burden to demonstrate authorship of scholarly articles.
AwardsNot metNo major internationally recognized award submitted or established.
High salaryNot metDirector determined petitioner did not establish high salary in relation to others in her field.
Leading or critical roleNot metPostdoctoral fellow role described as trainee position; insufficient evidence that role was leading or critical without detailed supervisor statement.
MembershipNot metDirector found petitioner did not establish membership in professional associations requiring outstanding achievements.
Original contributionsNot metDirector concluded petitioner did not establish original contributions of major significance in her field.
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or that petitioner is among small percentage at very top of field.

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

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