EB-1AChemistry and materialsIndividualDecided February 2023Dismissed
Outcome: Dismissed
FEB142023_04B2203
Scholarly articlesMetAwardsNot metLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot met
Our summary
Bioengineering and nanotechnology professor with Ph.D. in industrial chemistry claimed four criteria. AAO found only one criterion met, failing the three-criterion threshold. Team award and lack of proper translations precluded awards analysis. Abandoned leading role claim. Does not demonstrate sustained acclaim or top-tier status required for extraordinary ability.
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
- Scholarly articles · Director found criterion satisfied; AAO did not disturb this finding
What was missing
- Awards · Team award does not satisfy plain language requirement of alien's receipt; embedded technology not shown as award basis
- Final merits · Record does not support sustained national or international acclaim; not among small percentage at top of field
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Scholarly articles | Met | Director found criterion satisfied; AAO did not disturb this finding |
 Awards | Not met | Team award does not satisfy plain language requirement of alien's receipt; embedded technology not shown as award basis |
 Leading or critical role | Claimed, not analyzed | Petitioner abandoned claim on appeal; not contested or reasserted |
 Original contributions | Claimed, not analyzed | Claimed but not analyzed; failure on three-criteria threshold meant merits reserved |
 Final merits | Not met | Record does not support sustained national or international acclaim; not among small percentage at top of field |
A published decision describes one case. It is not legal advice and not a prediction for yours.