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EB-1ALife sciences and medicineIndividualDecided 2019Dismissed

Outcome: Dismissed

JUL232019_02B2203

JudgingMetOriginal contributionsMetScholarly articlesMetCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

Postdoctoral researcher in therapeutic ultrasound sought EB-1A extraordinary ability classification. Petitioner met three initial criteria: judging, scholarly articles, and original contributions. AAO dismissed appeal, finding evidence insufficient to demonstrate sustained national or international acclaim at the very top of the field required for final merits.

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 · Decision agrees petitioner met judging criterion; editorial and patent review work counted.
  • Original contributions · Decision finds petitioner contributed to developing real-time imaging system for ultrasound therapy.
  • Scholarly articles · Decision agrees petitioner met scholarly articles criterion; eight published articles and seven presentations.

What was missing

  • Final merits · Petitioner does not demonstrate sustained national or international acclaim at very top of field.

Criteria

CriterionReadingWhy
JudgingMetDecision agrees petitioner met judging criterion; editorial and patent review work counted.
Original contributionsMetDecision finds petitioner contributed to developing real-time imaging system for ultrasound therapy.
Scholarly articlesMetDecision agrees petitioner met scholarly articles criterion; eight published articles and seven presentations.
Commercial successClaimed, not analyzedClaimed but not analyzed in decision.
ExhibitionsClaimed, not analyzedClaimed but not analyzed in decision.
High salaryClaimed, not analyzedClaimed but not analyzed in decision.
Leading or critical roleClaimed, not analyzedClaimed but not analyzed in decision.
MembershipClaimed, not analyzedClaimed but not analyzed in decision.
Published materialClaimed, not analyzedClaimed but not analyzed separately; covered under scholarly articles criterion.
Final meritsNot metPetitioner does not demonstrate sustained national or international acclaim at very top of field.

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

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