Skip to content
Merito
← Back to results
EB-1ABiotech and pharmaEmployerDecided 2019Dismissed

Outcome: Dismissed

JUL242019_01B2203

Leading or critical roleMetScholarly articlesMetHigh salaryNot metOriginal contributionsNot met

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

CriterionReadingWhy
Leading or critical roleMetPerformed critical role developing molecular diagnostic test
Scholarly articlesMetDirector found criterion met; AAO agreed without disturbing this finding
High salaryNot metAAO did not concur with Director's determination that criterion was met
Original contributionsNot metPatent 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.

Similar decisions

Decisions whose text is closest to this one.