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EB-1ALaw, policy, social scienceIndividualDecided January 2020Dismissed

Outcome: Dismissed

JAN282020_03B2203

JudgingMetScholarly articlesMetAwardsNot metMembershipNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot reached / not discussed

Our summary

A polygraph examiner, researcher and instructor sought extraordinary ability classification, claiming many evidentiary criteria. The AAO found only scholarly articles and judging satisfied, rejecting awards, membership and published material. Fewer than three criteria were met, and the aggregate record did not show sustained acclaim, so 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 · AAO disagreed with the Director and found the judging criterion satisfied.
  • Scholarly articles · Director found authorship of scholarly articles satisfied and AAO agreed.

What was missing

  • Awards · Professional association award honored loyalty and dedication rather than excellence in the field; other prize's criteria and awarding body unproven.
  • Membership · Evidence too vague to show the associations require outstanding achievements judged by recognized experts.
  • Original contributions · Only two criteria were found satisfied overall, so this one was not established; analysis is truncated in the text.
  • Published material · Articles not shown to appear in professional or major trade publications or major media; some lacked author credit.

Criteria

CriterionReadingWhy
JudgingMetAAO disagreed with the Director and found the judging criterion satisfied.
Scholarly articlesMetDirector found authorship of scholarly articles satisfied and AAO agreed.
AwardsNot metProfessional association award honored loyalty and dedication rather than excellence in the field; other prize's criteria and awarding body unproven.
MembershipNot metEvidence too vague to show the associations require outstanding achievements judged by recognized experts.
Original contributionsNot metOnly two criteria were found satisfied overall, so this one was not established; analysis is truncated in the text.
Published materialNot metArticles not shown to appear in professional or major trade publications or major media; some lacked author credit.
Final meritsNot reached / not discussedFormal determination unnecessary, but aggregate review showed insufficient acclaim, with media coverage arising suspiciously close to filing.

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

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