dismissed EB-1A RFE Issued

Biochemist

Biochemistry Research · China · 2024-11-12

Decision Date
2024-11-12
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
Published material about the alien in professional or major trade publications or other major media (Met)

The Director concluded this criterion was met, and the AAO did not dispute this finding, though the media coverage was later deemed insufficient to prove 'major significance' for original contributions.

Authorship of scholarly articles in the field, in professional or major trade publications or other major media (Met)

The Director concluded this criterion was met, and the AAO acknowledged the petitioner authored or coauthored at least one published scholarly paper.

Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Not Met)

The AAO found this criterion unmet, concluding that citation data was unreliable, expert letters did not sufficiently demonstrate major significance, media coverage did not reference the petitioner or prove major significance, and funding did not inherently indicate major significance.

Why This Petition Was Denied

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested updated citation information for the petitioner's scholarly publications. The petitioner responded by submitting Google Scholar citation records, which were subsequently deemed ineligible because they were dated after the petition's filing date.

RFE Targets
Authorship of scholarly articles in the field, in professional or major trade publications or other major mediaEvidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Media Coverage
Reference Letters Dependent
Grants
Original Contributions
Evidence Submitted
  • letters from professors
  • Clarivate Analytics citation information
  • Google Scholar citation record
  • scholarly publications (authored or coauthored)
  • media coverage (International Channel, China Science Daily, Daily)
  • research funding (Ministry of Science and Technology of China, National Natural Science Foundation of China, National Key R&D Program of China, Chinese Academy of Sciences)

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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