Outcome: Dismissed
JAN142020_03B2203
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.
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 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
| Criterion | Reading | Why |
|---|---|---|
| Met | Director found petitioner met this criterion; AAO agreed | |
| Met | Director found petitioner met this criterion; AAO agreed | |
| Not met | Reference letters lack specifics; citations and publications alone insufficient without major significance | |
| Claimed, not analyzed | Director determined criterion was claimed but not established; petitioner abandoned on appeal | |
| Claimed, not analyzed | Not claimed or mentioned in decision | |
| Claimed, not analyzed | Not claimed or mentioned in decision | |
| Claimed, not analyzed | Not claimed or mentioned in decision | |
| Claimed, not analyzed | Not claimed or mentioned in decision | |
| Claimed, not analyzed | Not claimed or mentioned in decision | |
| Claimed, not analyzed | Not claimed or mentioned in decision | |
| Not met | Record 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.
