Outcome: Remanded
JAN202026_03B2203
Our summary
Physicist sought EB-1A classification. Service center found two criteria met but rejected original contributions claim. AAO remanded because service center misapplied national interest waiver analytical framework to extraordinary ability petition and failed to adequately explain why supporting letters and evidence were insufficient for original contributions criterion.
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 found criterion met; AAO did not disturb this determination on appeal
- Scholarly articles · Service center found criterion met; AAO did not disturb this determination on appeal
What was missing
- Original contributions · Service center misapplied national interest waiver framework instead of extraordinary ability criterion; decision lacked adequate explanation of deficiency
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Service center found criterion met; AAO did not disturb this determination on appeal | |
| Met | Service center found criterion met; AAO did not disturb this determination on appeal | |
| Not met | Service center misapplied national interest waiver framework instead of extraordinary ability criterion; decision lacked adequate explanation of deficiency | |
| Not reached / not discussed | Initial evidence requirements not yet satisfied; final merits determination needed after remand determination |
A published decision describes one case. It is not legal advice and not a prediction for yours.
