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EB-1ALife sciences and medicineIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN082023_02B2203

JudgingMetScholarly articlesMetAwardsNot metMembershipNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

A marine biologist sought EB-1A extraordinary ability classification. The petitioner met judging and scholarly articles criteria but failed to satisfy three total criteria. Research citations were not shown to be unusually high, and work lacked demonstrated major significance in the field. Appeal dismissed because extraordinary ability sustained acclaim was not established.

Official PDF

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Judging · Director acknowledged petitioner met judging criterion; decision does not dispute this finding.
  • Scholarly articles · Director acknowledged petitioner met authorship of scholarly articles criterion; decision does not dispute this finding.

What was missing

  • Awards · Petitioner failed to demonstrate prizes or awards nationally or internationally recognized for excellence in marine biology.
  • Membership · International Biometric Society membership does not require outstanding achievements judged by recognized national or international experts.
  • Original contributions · Research findings on sandy beach ecology not demonstrated to be widely utilized or of major significance in the field.
  • Published material · Article published in El Serviola was about research project, not about petitioner; no evidence of major publication status.
  • Final merits · Record does not demonstrate sustained national or international acclaim or that petitioner is among small percentage at top of field.

Criteria

CriterionReadingWhy
JudgingMetDirector acknowledged petitioner met judging criterion; decision does not dispute this finding.
Scholarly articlesMetDirector acknowledged petitioner met authorship of scholarly articles criterion; decision does not dispute this finding.
AwardsNot metPetitioner failed to demonstrate prizes or awards nationally or internationally recognized for excellence in marine biology.
MembershipNot metInternational Biometric Society membership does not require outstanding achievements judged by recognized national or international experts.
Original contributionsNot metResearch findings on sandy beach ecology not demonstrated to be widely utilized or of major significance in the field.
Published materialNot metArticle published in El Serviola was about research project, not about petitioner; no evidence of major publication status.
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or that petitioner is among small percentage at top of field.

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

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