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EB-1ABiotech and pharmaEmployerDecided December 2020Dismissed

Outcome: Dismissed

DEC312020_08B2203

JudgingMetLeading or critical roleMetScholarly articlesMetAwardsNot metHigh salaryClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

A director of program management in biomedical sciences sought EB-1A classification. He met three criteria: peer review, scholarly articles, and leading role. The AAO found the evidence insufficient to demonstrate sustained national or international acclaim or placement at the very top of the field, dismissing the appeal.

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 peer reviewed 18 manuscripts for two journals.
  • Leading or critical role · Director found petitioner in leading role for distinguished organization.
  • Scholarly articles · Published research in journals and conference proceedings.

What was missing

  • Awards · No major internationally recognized award established; claimed but not met.
  • Final merits · Totality of evidence does not establish sustained national or international acclaim at top of field.

Criteria

CriterionReadingWhy
JudgingMetPetitioner peer reviewed 18 manuscripts for two journals.
Leading or critical roleMetDirector found petitioner in leading role for distinguished organization.
Scholarly articlesMetPublished research in journals and conference proceedings.
AwardsNot metNo major internationally recognized award established; claimed but not met.
High salaryClaimed, not analyzedClaimed on appeal but not separately analyzed; considered in final merits.
Original contributionsClaimed, not analyzedClaimed on appeal but not separately analyzed; considered in final merits.
Published materialClaimed, not analyzedClaimed but not analyzed as separate criterion.
Final meritsNot metTotality of evidence does not establish sustained national or international acclaim at top of field.

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

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