Outcome: Dismissed
MAY122021_01B2203
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
| Criterion | Reading | Why |
|---|---|---|
| Met | Director found beneficiary met judging criterion; AAO did not reverse on appeal | |
| Met | Director found beneficiary met criterion for serving in leading or critical role for distinguished organization | |
| Met | Director found beneficiary met authorship of scholarly articles criterion; AAO affirmed | |
| Not met | Director determined record did not sufficiently support major significance contributions; AAO reviewed on appeal but did not reverse | |
| Claimed, not analyzed | Not claimed or discussed as separate criterion in appeal analysis | |
| Claimed, not analyzed | Claimed but not analyzed; not applicable to biological safety field | |
| Claimed, not analyzed | Claimed but not analyzed; not mentioned in appeal decision | |
| Claimed, not analyzed | Claimed but not analyzed; not mentioned in decision | |
| Claimed, not analyzed | Claimed but not analyzed; petitioner asserted but AAO did not substantively evaluate | |
| Claimed, not analyzed | Claimed but not analyzed; not separately addressed in decision | |
| Not met | Record 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.
