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EB-1AChemistry and materialsIndividualDecided 2019Dismissed

Outcome: Dismissed

SEP302019_01B2203

JudgingMetScholarly articlesMetLeading or critical roleNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

A chemical engineering research engineer sought EB-1A classification. AAO affirmed the director's finding that he met only two criteria: judging and scholarly articles. Original contributions were not shown to be major significance beyond his employer. Leading role criterion failed because criticality was limited to research group. Appeal dismissed.

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 · Chaired symposium and co-chaired sessions at professional conferences
  • Scholarly articles · Authored four published scholarly articles in scientific journals

What was missing

  • Leading or critical role · Critical role shown only within research group, not for distinguished organization; does not demonstrate organizational impact
  • Membership · Membership bylaws and letter do not require outstanding achievements or expert judgment
  • Original contributions · Patents and research important to employer but not demonstrated major significance to overall chemical engineering field
  • Final merits · Did not meet three-criterion threshold; no final merits analysis required

Criteria

CriterionReadingWhy
JudgingMetChaired symposium and co-chaired sessions at professional conferences
Scholarly articlesMetAuthored four published scholarly articles in scientific journals
Leading or critical roleNot metCritical role shown only within research group, not for distinguished organization; does not demonstrate organizational impact
MembershipNot metMembership bylaws and letter do not require outstanding achievements or expert judgment
Original contributionsNot metPatents and research important to employer but not demonstrated major significance to overall chemical engineering field
Final meritsNot metDid not meet three-criterion threshold; no final merits analysis required

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

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