Outcome: Dismissed
JAN302023_01D8101
Our summary
An engineering company sponsored a thermofluidic and bridge erosion researcher for O-1A extraordinary ability. The petitioner submitted evidence for four criteria but satisfied only scholarly articles. The AAO found the beneficiary's published work lacked demonstration of major significance; diverse skillset alone does not constitute original contributions of requisite magnitude. Appeal 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
- Scholarly articles · AAO disagreed with director and found criterion satisfied, though this alone insufficient for O-1 qualification.
What was missing
- Awards · No major, internationally recognized award demonstrated by beneficiary.
- Leading or critical role · Evidence of unusual skillset insufficient; must demonstrate actual original contributions of major significance in field.
- Original contributions · Evidence shows novelty of projects but not major significance of contributions to the field or extensive impact.
- Published material · Articles authored by beneficiary do not satisfy criterion requiring published material about the beneficiary and his work.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | AAO disagreed with director and found criterion satisfied, though this alone insufficient for O-1 qualification. | |
| Not met | No major, internationally recognized award demonstrated by beneficiary. | |
| Not met | Evidence of unusual skillset insufficient; must demonstrate actual original contributions of major significance in field. | |
| Not met | Evidence shows novelty of projects but not major significance of contributions to the field or extensive impact. | |
| Not met | Articles authored by beneficiary do not satisfy criterion requiring published material about the beneficiary and his work. | |
| Not reached / not discussed | Beneficiary failed three-criterion threshold; totality of circumstances reserved as unnecessary to decision. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
