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EB-1AChemistry and materialsIndividualDecided 2016Dismissed

Outcome: Dismissed

JAN042016_01B2203

JudgingMetScholarly articlesMetAwardsNot metMembershipNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

Chemist sought EB-1A classification for extraordinary ability in science. Petitioner claimed six criteria but satisfied only two: judging and scholarly articles. The AAO held that awards, membership, published material, and original contributions were not met, dismissing appeal for failure to meet three-criterion threshold.

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 demonstrated participation as judge of work in same field.
  • Scholarly articles · Petitioner demonstrated authorship of scholarly articles in field.

What was missing

  • Awards · Student poster presentation award lacked visibility and prestige of national or international recognition.
  • Membership · Membership organizations do not require outstanding achievements judged by recognized national or international experts.
  • Original contributions · Importance to employer does not establish major significance to field as a whole.
  • Published material · References to research papers in other articles do not constitute published material about petitioner.
  • Final merits · Aggregate review does not support finding that petitioner achieved required level of expertise.

Criteria

CriterionReadingWhy
JudgingMetPetitioner demonstrated participation as judge of work in same field.
Scholarly articlesMetPetitioner demonstrated authorship of scholarly articles in field.
AwardsNot metStudent poster presentation award lacked visibility and prestige of national or international recognition.
MembershipNot metMembership organizations do not require outstanding achievements judged by recognized national or international experts.
Original contributionsNot metImportance to employer does not establish major significance to field as a whole.
Published materialNot metReferences to research papers in other articles do not constitute published material about petitioner.
Final meritsNot metAggregate review does not support finding that petitioner achieved required level of expertise.

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

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