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EB-1ALife sciences and medicineIndividualDecided 2006Dismissed

Outcome: Dismissed

Feb222006_01B2203

Scholarly articlesMetAwardsNot metJudgingNot metMembershipNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

Research scientist sought EB-1A extraordinary ability classification in sciences. Claimed awards, membership, published material, judging, original contributions, and scholarly articles. AAO found only scholarly articles criterion met; evidence insufficient to demonstrate sustained national acclaim or place among top percentile required for final merits step.

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 · Petitioner demonstrated publication record meeting criterion for scholarly articles.

What was missing

  • Awards · Fellowships and examination scores insufficient; no major award from large pool of competitors.
  • Judging · Routine peer review without evidence of unusual distinguishment or editorial position.
  • Membership · No evidence that association requires outstanding achievement as essential condition.
  • Original contributions · Patent and letters insufficient; contributions not of major significance as required.
  • Published material · No evidence of petitioner's work publicly recognized in media or major publications.
  • Final merits · Evidence shows talent but not sustained national acclaim or top percentage of field.

Criteria

CriterionReadingWhy
Scholarly articlesMetPetitioner demonstrated publication record meeting criterion for scholarly articles.
AwardsNot metFellowships and examination scores insufficient; no major award from large pool of competitors.
JudgingNot metRoutine peer review without evidence of unusual distinguishment or editorial position.
MembershipNot metNo evidence that association requires outstanding achievement as essential condition.
Original contributionsNot metPatent and letters insufficient; contributions not of major significance as required.
Published materialNot metNo evidence of petitioner's work publicly recognized in media or major publications.
Final meritsNot metEvidence shows talent but not sustained national acclaim or top percentage of field.

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

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