Outcome: Dismissed
JUL302014_01D8101
Our summary
A scientist in the field of international development seeks O-1A classification. Petitioner claimed four criteria and established two: original contributions and scholarly articles. The decision found only two criteria satisfied; at least three are required. Appeal dismissed because beneficiary failed to demonstrate extraordinary ability at the top of the field.
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
- Original contributions · Criterion (5) at 8 CFR 214.2(o)(3)(iii)(B) established by petitioner
- Scholarly articles · Criterion (6) at 8 CFR 214.2(o)(3)(iii)(B) established by petitioner
What was missing
- Published material · Articles about beneficiary's work did not meet regulatory requirement of being about the alien
- Final merits · Only two of three required criteria met; extraordinary ability not demonstrated
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Criterion (5) at 8 CFR 214.2(o)(3)(iii)(B) established by petitioner | |
| Met | Criterion (6) at 8 CFR 214.2(o)(3)(iii)(B) established by petitioner | |
| Not met | Articles about beneficiary's work did not meet regulatory requirement of being about the alien | |
| Claimed, not analyzed | Criterion (A) not claimed or analyzed by petitioner | |
| Claimed, not analyzed | Criterion (1) not claimed by petitioner on appeal | |
| Claimed, not analyzed | Criterion (7) claimed but not analyzed in decision | |
| Claimed, not analyzed | Criterion (2) not claimed by petitioner on appeal | |
| Not met | Only two of three required criteria met; extraordinary ability not demonstrated |
A published decision describes one case. It is not legal advice and not a prediction for yours.
