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EB-1ALife sciences and medicineIndividualDecided February 2022Dismissed

Outcome: Dismissed

FEB252022_02B2203

JudgingMetScholarly articlesMetAwardsNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

Biochemistry researcher with Ph.D. from India, conducted research in United States via J-1 visa. Claimed five criteria; met judging and scholarly articles only. Awards, published material, and original contributions rejected. Final merits determination found no sustained acclaim or top-tier status despite meeting two evidentiary criteria. Appeal dismissed.

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 · Director and AAO agreed petitioner satisfied this criterion
  • Scholarly articles · Director and AAO agreed petitioner satisfied this criterion

What was missing

  • Awards · Biographical record inclusion lacks objective independent evidence of national or international recognition
  • Original contributions · Published research and citations do not establish contributions of major significance to the field
  • Published material · Book chapter acceptance and citations in non-journal forums do not meet regulatory requirements
  • Final merits · Record does not demonstrate sustained national or international acclaim or top tier standing despite meeting two criteria

Criteria

CriterionReadingWhy
JudgingMetDirector and AAO agreed petitioner satisfied this criterion
Scholarly articlesMetDirector and AAO agreed petitioner satisfied this criterion
AwardsNot metBiographical record inclusion lacks objective independent evidence of national or international recognition
Original contributionsNot metPublished research and citations do not establish contributions of major significance to the field
Published materialNot metBook chapter acceptance and citations in non-journal forums do not meet regulatory requirements
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or top tier standing despite meeting two criteria

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

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