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EB-1ALife sciences and medicineEmployerDecided 2009Dismissed

Outcome: Dismissed

Jun242009_02B2203

JudgingMetHigh salaryNot metLeading or critical roleNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Employer petitioned for scientist beneficiary claiming extraordinary ability in sciences. AAO upheld denial, finding one criterion met but three required; letters and salary evidence insufficient for major significance; failed to demonstrate beneficiary among 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

  • Judging · AAO withdrew director's finding and found sufficient evidence under this criterion

What was missing

  • High salary · Salary above average but not significantly high relative to others in field
  • Leading or critical role · Failed to establish nature of role and reputation of organizations sufficient for criterion
  • Original contributions · Letters of recommendation alone insufficient; no evidence of major significance or unusual influence
  • Final merits · Did not meet major award or three criteria; evidence insufficient for sustained acclaim at top level

Criteria

CriterionReadingWhy
JudgingMetAAO withdrew director's finding and found sufficient evidence under this criterion
High salaryNot metSalary above average but not significantly high relative to others in field
Leading or critical roleNot metFailed to establish nature of role and reputation of organizations sufficient for criterion
Original contributionsNot metLetters of recommendation alone insufficient; no evidence of major significance or unusual influence
Final meritsNot metDid not meet major award or three criteria; evidence insufficient for sustained acclaim at top level

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

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