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EB-1ALife sciences and medicineEmployerDecided May 2021Dismissed

Outcome: Dismissed

MAY122021_01B2203

JudgingMetLeading or critical roleMetScholarly articlesMetOriginal contributionsNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

University employer sponsored campus biological safety officer for EB-1A extraordinary ability. Beneficiary met three of ten evidentiary criteria: judging, scholarly articles, and critical role. Final merits analysis found record insufficient to demonstrate sustained national or international acclaim or small-percentage status at top of biological safety 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

  • Judging · Director found beneficiary met judging criterion; AAO did not reverse on appeal
  • Leading or critical role · Director found beneficiary met criterion for serving in leading or critical role for distinguished organization
  • Scholarly articles · Director found beneficiary met authorship of scholarly articles criterion; AAO affirmed

What was missing

  • Original contributions · Director determined record did not sufficiently support major significance contributions; AAO reviewed on appeal but did not reverse
  • Final merits · Record does not establish sustained national or international acclaim or placement among small percentage at top of biological safety field

Criteria

CriterionReadingWhy
JudgingMetDirector found beneficiary met judging criterion; AAO did not reverse on appeal
Leading or critical roleMetDirector found beneficiary met criterion for serving in leading or critical role for distinguished organization
Scholarly articlesMetDirector found beneficiary met authorship of scholarly articles criterion; AAO affirmed
Original contributionsNot metDirector determined record did not sufficiently support major significance contributions; AAO reviewed on appeal but did not reverse
AwardsClaimed, not analyzedNot claimed or discussed as separate criterion in appeal analysis
Commercial successClaimed, not analyzedClaimed but not analyzed; not applicable to biological safety field
ExhibitionsClaimed, not analyzedClaimed but not analyzed; not mentioned in appeal decision
High salaryClaimed, not analyzedClaimed but not analyzed; not mentioned in decision
MembershipClaimed, not analyzedClaimed but not analyzed; petitioner asserted but AAO did not substantively evaluate
Published materialClaimed, not analyzedClaimed but not analyzed; not separately addressed in decision
Final meritsNot metRecord does not establish sustained national or international acclaim or placement among small percentage at top of biological safety field

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

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