EB-1ALife sciences and medicineIndividualDecided 2009Dismissed
Outcome: Dismissed
Jul062009_01B2203
AwardsNot metLeading or critical roleNot metMembershipNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met
Our summary
A scientist in psychophysiology self-petitioned for EB-1A extraordinary ability. She claimed four regulatory criteria but the AAO found she did not meet the awards or membership criteria, and letters of recommendation alone could not establish leading role. The AAO dismissed the appeal because the petitioner failed to demonstrate sustained national or international acclaim at the very top of her field.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Awards · Certificate and appointment not recognized as major international awards; employment does not constitute award.
- Leading or critical role · Letters of recommendation alone cannot establish major significance beyond limited direct contacts.
- Membership · Petitioner failed to establish membership in association requiring outstanding achievement as essential condition.
- Final merits · Evidence does not establish sustained national or international acclaim at top of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Not met | Certificate and appointment not recognized as major international awards; employment does not constitute award. |
 Leading or critical role | Not met | Letters of recommendation alone cannot establish major significance beyond limited direct contacts. |
 Membership | Not met | Petitioner failed to establish membership in association requiring outstanding achievement as essential condition. |
 Commercial success | Claimed, not analyzed | Not claimed or discussed in decision. |
 Exhibitions | Claimed, not analyzed | Not claimed or discussed in decision. |
 High salary | Claimed, not analyzed | Not claimed or discussed in decision. |
 Judging | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Original contributions | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Published material | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Scholarly articles | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Final merits | Not met | Evidence does not establish sustained national or international acclaim at top of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.