Outcome: Dismissed
JUL242019_01B2203
Our summary
A molecular diagnostics company employed a scientist claiming extraordinary ability in sciences. Director found four criteria met, but AAO reversed original contributions and high salary findings. With only two criteria solidly met and no showing of sustained national acclaim at field's top, 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
- Leading or critical role · Performed critical role developing molecular diagnostic test
- Scholarly articles · Director found criterion met; AAO agreed without disturbing this finding
What was missing
- High salary · AAO did not concur with Director's determination that criterion was met
- Original contributions · Patent and diagnostic contributions lacked evidence of wide field implementation and major significance recognition
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Performed critical role developing molecular diagnostic test | |
| Met | Director found criterion met; AAO agreed without disturbing this finding | |
| Not met | AAO did not concur with Director's determination that criterion was met | |
| Not met | Patent and diagnostic contributions lacked evidence of wide field implementation and major significance recognition |
A published decision describes one case. It is not legal advice and not a prediction for yours.
