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EB-1AChemistry and materialsIndividualDecided 2016Dismissed

Outcome: Dismissed

JAN142016_01B2203

JudgingMetPublished materialMetOriginal contributionsNot metCommercial successClaimed, not analyzedHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A chemist sought EB-1A extraordinary ability classification. AAO held petitioner satisfied only two of ten required criteria (judging and published material), failing to meet the three-criterion threshold for extraordinary ability demonstrating sustained national or international acclaim.

Official PDF

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Judging · Petitioner submitted evidence of peer-reviewing scholarly articles.
  • Published material · Petitioner authored two scholarly articles published in professional journals.

What was missing

  • Original contributions · Contributions not shown to be of major significance in field; research results lack demonstrated impact on field.
  • Final merits · Petitioner satisfied only two criteria; even if final merits were analyzed, record does not support extraordinary ability at top of field.

Criteria

CriterionReadingWhy
JudgingMetPetitioner submitted evidence of peer-reviewing scholarly articles.
Published materialMetPetitioner authored two scholarly articles published in professional journals.
Original contributionsNot metContributions not shown to be of major significance in field; research results lack demonstrated impact on field.
Commercial successClaimed, not analyzedCriterion not claimed or discussed in appeal.
High salaryClaimed, not analyzedCriterion not claimed or discussed in appeal.
Leading or critical roleClaimed, not analyzedCriterion not claimed or discussed in appeal.
Scholarly articlesClaimed, not analyzedCriterion not separately claimed or analyzed from published_material.
Final meritsNot metPetitioner satisfied only two criteria; even if final merits were analyzed, record does not support extraordinary ability 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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