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EB-1ALife sciences and medicineEmployerDecided 2005Dismissed

Outcome: Dismissed

JUN242005_26B2203

Original contributionsMetScholarly articlesMetAwardsNot metLeading or critical roleNot metFinal meritsNot met

Our summary

Counsel represented postdoctoral biomedical researcher in sciences. Petitioner met two criteria: original contributions via National Academy opinions and scholarly articles through sustained publication. AAO dismissed appeal, finding two criteria insufficient, no evidence of distinguished performance meriting small percentage at field top.

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 · Detailed opinions from National Academy of Science members supported by citation evidence and commentaries
  • Scholarly articles · Sustained publication record as postdoctoral researcher with citations and commentaries

What was missing

  • Awards · No evidence regarding selection criteria or competitor pool for academic achievement awards
  • Leading or critical role · Role claimed relates to original contributions; renders three-criterion threshold requirement meaningless
  • Final merits · Postdoctoral fellow shows talent but achievements do not set significantly above others at field top

Criteria

CriterionReadingWhy
Original contributionsMetDetailed opinions from National Academy of Science members supported by citation evidence and commentaries
Scholarly articlesMetSustained publication record as postdoctoral researcher with citations and commentaries
AwardsNot metNo evidence regarding selection criteria or competitor pool for academic achievement awards
Leading or critical roleNot metRole claimed relates to original contributions; renders three-criterion threshold requirement meaningless
Final meritsNot metPostdoctoral fellow shows talent but achievements do not set significantly above others at field top

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

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