dismissed EB-1A RFE Issued

Lecturer In The Biochemistry Field

Biochemistry Field · 2023-09-14

Decision Date
2023-09-14
Location
Texas
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

2 of 3 criteria met
Judging the work of others (Met)

The Director determined the Petitioner met this criterion based on evidence of participation as a judge.

Authorship of scholarly articles (Met)

The Petitioner met this criterion through his authorship of articles in professional publications.

Published material about the alien (Not Met)

Articles on university websites were not considered to be in major media and were not primarily about the Petitioner.

Original contributions of major significance (Not Met)

While original, the research and 56+ citations did not demonstrate a 'major significance' or shift in the broader field.

Leading or critical role (Not Met)

The role of lecturer was seen as performing routine duties rather than a critical role for the organization, and the department's distinguished reputation was not established.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner only met 2 of the 10 required criteria (judging and scholarly articles). Specifically, his research citations (over 56) and recommendation letters did not establish 'major significance' in the broader field, and his role as a lecturer was deemed a standard departmental function rather than a critical role for a distinguished organization.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE (via the initial denial and subsequent appeal review) focused on the lack of evidence for major media coverage, the impact of research contributions, and the criticality of the Petitioner's role.

RFE Targets
Published material about the alienOriginal contributions of major significanceLeading or critical role

Evidence

Evidence Types
Scholarly Articles
Judging Experience
Citations
Reference Letters Dependent
Original Contributions
Evidence Submitted
  • Participation as a judge of the work of others (8 C.F.R. § 204.5(h)(3)(iv))
  • Authorship of scholarly articles in professional publications (8 C.F.R. § 204.5(h)(3)(vi))
  • Research on cysteine desulfurases and iron enzyme community
  • 2013 article on the IscS/IscU system
  • 2019 article on thioredoxin (Trx) and thioredoxin reductase
  • Citation count of over 56 times according to Google Scholar
  • Creation of a cloning library with 21 different plasmids

Similar Cases

Biochemist

Biotechnology · China

USCIS EB-1A rfe dismissed
2024-11-12
The appeal was dismissed because the petitioner failed to establish original scientific contributions of major significance to the field (8 C.F.R. § 204.5(h)(3)(v)). Citation data from Clarivate Analytics, indicating articles in the top 1% and 10% of 'Biology & Biochemistry', was deemed unreliable due to a disclaimer and overly broad categorization. Expert letters and media coverage were found insufficient to demonstrate major significance beyond specific research groups or general usefulness. Funding from 'major Chinese agencies' also did not inherently prove major significance. Consequently, the petitioner did not meet the minimum three criteria for extraordinary ability.

Professor

Chemicals

USCIS EB-1A dismissed
2024-08-21
The appeal was dismissed because the Petitioner failed to establish a one-time achievement of a major, internationally recognized award or meet at least three of the 10 EB-1A criteria. While the Director found criteria related to published material (iv) and scholarly articles (vi) met, the criterion for original contributions of major significance (v) was not. The AAO affirmed that evidence, including citation data for published articles, conference presentations, and expert letters, did not demonstrate major significance or sustained national/international acclaim, distinguishing moderate significance from the required major significance.

Research Scientist

Biotechnology

USCIS EB-1A rfe dismissed
Texas 2024-08-29
The appeal was dismissed because the Petitioner failed to meet at least three of the ten regulatory criteria for extraordinary ability. While the Petitioner satisfied the criteria for authorship of scholarly articles (8 C.F.R. § 204.5(h)(3)(vi)) and judging the work of others (8 C.F.R. § 204.5(h)(3)(iv)), she did not establish a third criterion. Specifically, claims for membership in professional associations, original contributions of major significance, a leading or critical role, and high salary were not met. The evidence for a leading/critical role was insufficient, lacking detailed letters from individuals with personal knowledge. For high salary, the submitted W-2s and salary surveys (New Scientist, NIH, Salary.com) did not demonstrate a 'high salary' relative to others in the field, only 'above average' at best, and some data lacked sufficient comparative basis.

Postdoctoral Researcher

Biotechnology · China

WeGreened EB-1A approved
North Carolina 405 days 2025-02-26
The petition was approved based on meeting three EB-1A criteria: authorship of scholarly articles, original contributions of major significance, and participation as a judge of the work of others. Metrics included 11 peer-reviewed journal articles and 280 citations, placing the applicant in the top 1% of the field. Additionally, the petitioner completed 13 invited manuscript reviews for leading biochemistry journals.

Frequently Asked Questions

A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-09-14.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist