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EB-1ALife sciences and medicineIndividualDecided 2009Dismissed

Outcome: Dismissed

Apr062009_01B2203

AwardsNot metMembershipNot metFinal meritsNot met

Our summary

A scientist in the sciences claimed EB-1A extraordinary ability based on a university award, research grant funding, and association membership. The AAO dismissed, finding the award limited to university Ph.D. candidates and the grant designed for future research rather than recognizing achievement, membership not based on outstanding achievement, and evidence insufficient to show sustained national or international acclaim.

Official PDF

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

No criterion in the table was found met in this decision.

What was missing

  • Awards · University award limited to Ph.D. candidates not nationally or internationally recognized; research grant funds future work, not an honor for achievement.
  • Membership · Association membership based on employment or activity, not outstanding achievement as essential condition; no evidence of top-level membership status.
  • Final merits · Even in aggregate, evidence does not distinguish petitioner as one of small percentage who has risen to very top of field.

Criteria

CriterionReadingWhy
AwardsNot metUniversity award limited to Ph.D. candidates not nationally or internationally recognized; research grant funds future work, not an honor for achievement.
MembershipNot metAssociation membership based on employment or activity, not outstanding achievement as essential condition; no evidence of top-level membership status.
Final meritsNot metEven in aggregate, evidence does not distinguish petitioner as one of small percentage who has risen to 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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