Outcome: Dismissed
OCT252022_01B2203
Our summary
Researcher in biology seeking EB-1A extraordinary ability. AAO affirmed dismissal because petitioner met only two of ten evidentiary criteria (judging, scholarly articles) but the decision rejects original contributions criterion; does not qualify as individual of extraordinary ability.
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 determined petitioner fulfilled judging criterion; AAO agreed
- Scholarly articles · Director determined petitioner fulfilled scholarly articles criterion; AAO agreed
What was missing
- Original contributions · Publication in top journals alone does not establish contributions of major significance; citation numbers not compared to field standards
- Final merits · Petitioner failed to demonstrate sustained national or international acclaim or membership in upper echelon of field
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director determined petitioner fulfilled judging criterion; AAO agreed | |
| Met | Director determined petitioner fulfilled scholarly articles criterion; AAO agreed | |
| Not met | Publication in top journals alone does not establish contributions of major significance; citation numbers not compared to field standards | |
| Not met | Petitioner failed to demonstrate sustained national or international acclaim or membership in upper echelon of field |
A published decision describes one case. It is not legal advice and not a prediction for yours.
