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EB-1ALife sciences and medicineIndividualDecided January 2023Dismissed

Outcome: Dismissed

JAN182023_01B2203

JudgingMetScholarly articlesMetOriginal contributionsNot metFinal meritsNot met

Our summary

Scientist with Ph.D. in biomedical sciences sought EB-1A extraordinary ability. Met two of three required criteria (judging and scholarly articles). AAO rejected original contributions claim; publications and citations alone insufficient to prove major significance. Appeal dismissed for failure to meet three-criteria 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 · Service Center and AAO agreed petitioner satisfied judging criterion.
  • Scholarly articles · Service Center and AAO agreed petitioner satisfied authorship of scholarly articles criterion.

What was missing

  • Original contributions · Evidence shows incremental contributions, not major significance; publications alone insufficient without proof of major field impact.
  • Final merits · Record does not support sustained national or international acclaim or membership in top small percentage.

Criteria

CriterionReadingWhy
JudgingMetService Center and AAO agreed petitioner satisfied judging criterion.
Scholarly articlesMetService Center and AAO agreed petitioner satisfied authorship of scholarly articles criterion.
Original contributionsNot metEvidence shows incremental contributions, not major significance; publications alone insufficient without proof of major field impact.
Final meritsNot metRecord does not support sustained national or international acclaim or membership in top small percentage.

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

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