Skip to content
Merito
← Back to results
EB-1ALife sciences and medicineEmployerDecided 2005Dismissed

Outcome: Dismissed

DEC192005_23B2203

AwardsNot metJudgingNot metMembershipNot metOriginal contributionsNot metScholarly articlesNot metFinal meritsNot met

Our summary

Counsel-represented postdoctoral researcher in sciences sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding insufficient evidence that petitioner achieved sustained national or international acclaim or ranked within the small percentage at the very top of his field.

Official PDF

Official PDF ↗

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 · Fellows Award for Research Excellence and research awards do not establish significance sufficient for extraordinary ability standard
  • Judging · Routine peer review does not establish sustained national or international acclaim; lacks evidence of unusual volume or editorial position
  • Membership · Petitioner did not establish that society membership requires outstanding achievements of its members
  • Original contributions · Claims about lithium treatment for stroke victims not demonstrated as adopted by clinics or emergency room doctors as of filing date
  • Scholarly articles · Cited work was not even published as of petition filing date; cannot establish eligibility retroactively
  • Final merits · Petitioner shows talent as researcher but achievements do not significantly distinguish him above almost all others in field

Criteria

CriterionReadingWhy
AwardsNot metFellows Award for Research Excellence and research awards do not establish significance sufficient for extraordinary ability standard
JudgingNot metRoutine peer review does not establish sustained national or international acclaim; lacks evidence of unusual volume or editorial position
MembershipNot metPetitioner did not establish that society membership requires outstanding achievements of its members
Original contributionsNot metClaims about lithium treatment for stroke victims not demonstrated as adopted by clinics or emergency room doctors as of filing date
Scholarly articlesNot metCited work was not even published as of petition filing date; cannot establish eligibility retroactively
Final meritsNot metPetitioner shows talent as researcher but achievements do not significantly distinguish him above almost all others in field

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

Similar decisions

Decisions whose text is closest to this one.