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EB-1ALife sciences and medicineIndividualDecided January 2020Dismissed

Outcome: Dismissed

JAN142020_03B2203

JudgingMetScholarly articlesMetOriginal contributionsNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

A research scientist in ophthalmology sought EB-1A extraordinary ability classification. She met two criteria: judging and scholarly articles. On appeal she claimed a third criterion, original contributions, but the AAO rejected it, finding that citations and publications alone do not show major significance without additional context. The appeal was dismissed.

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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 · Director found petitioner met this criterion; AAO agreed
  • Scholarly articles · Director found petitioner met this criterion; AAO agreed

What was missing

  • Original contributions · Reference letters lack specifics; citations and publications alone insufficient without major significance
  • Final merits · Record does not demonstrate sustained national or international acclaim or top of field

Criteria

CriterionReadingWhy
JudgingMetDirector found petitioner met this criterion; AAO agreed
Scholarly articlesMetDirector found petitioner met this criterion; AAO agreed
Original contributionsNot metReference letters lack specifics; citations and publications alone insufficient without major significance
AwardsClaimed, not analyzedDirector determined criterion was claimed but not established; petitioner abandoned on appeal
Commercial successClaimed, not analyzedNot claimed or mentioned in decision
ExhibitionsClaimed, not analyzedNot claimed or mentioned in decision
High salaryClaimed, not analyzedNot claimed or mentioned in decision
Leading or critical roleClaimed, not analyzedNot claimed or mentioned in decision
MembershipClaimed, not analyzedNot claimed or mentioned in decision
Published materialClaimed, not analyzedNot claimed or mentioned in decision
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or top of field

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

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