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dismissed EB-1A RFE Issued

Research Scientist

Biological Sciences, Specifically In Protein Biology And Molecular Biology · 2024-08-29

Decision Date
2024-08-29
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
Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of endeavor (Met)

The Petitioner served as a peer reviewer for the Journal of Diabetes Research and Therapy, satisfying this criterion.

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

The Petitioner authored scholarly articles in professional publications including Journal of Bacteriology, Free Radical Biology and Medicine, Microbiological Research, and Journal of Alzheimer's Disease, satisfying this criterion.

Membership in associations in the field which require outstanding achievements of their members (Not Met)

The Director determined this criterion was not met, and the Petitioner waived the issue by not contesting it on appeal.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Not Met)

The Director determined this criterion was not met, and the Petitioner waived the issue by not contesting it on appeal.

Performance of a leading or critical role for organizations or establishments that have a distinguished reputation (Not Met)

The Petitioner failed to demonstrate her role as a postdoctoral fellow or senior research associate was leading or critical. Evidence like job descriptions and HR letters were insufficient without detailed statements from individuals with personal knowledge of her specific impact.

Command of a high salary or other significantly high remuneration for services, in relation to others in the field (Not Met)

The Petitioner's salary, while potentially 'above average' based on some data, was not demonstrated to be 'high' or 'significantly high' relative to others in the field, as required by regulation. Comparative data provided was deemed insufficient or not specific enough to establish this.

Why This Petition Was Denied

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence for the Petitioner's salary, including W-2s and comparative compensation data. The Petitioner responded with W-2s, various salary reports (New Scientist, NIH, Salary.com), and LCAs. The RFE also prompted the Petitioner to provide more evidence for her leading or critical role, to which she submitted position descriptions and HR letters.

RFE Targets
Performance of a leading or critical role for organizations or establishments that have a distinguished reputationCommand of a high salary or other significantly high remuneration for services, in relation to others in the field

Evidence

Evidence Types
Peer Reviewed Publications
Judging Experience
High Salary
Reference Letters Dependent
Evidence Submitted
  • Authorship of scholarly articles in Journal of Bacteriology, Free Radical Biology and Medicine, Microbiological Research, and Journal of Alzheimer's Disease
  • Served as a peer reviewer for the Journal of Diabetes Research and Therapy
  • IRS Forms W-2 for 2017, 2019, 2020
  • Job offer letters
  • Online article 'Postdoc payday: Salaries for fellows are on the up' from New Scientist (May 8, 2023)
  • NIH announcement 'Adjustment to Stipend Levels for Postdoctoral Trainees and Fellows on Ruth Kirschstein National Research Service Awards (NRSA)' (November 7, 2016)
  • Letter from employer regarding annual salary increase
  • DOL Forms ETA 9035, Labor Condition Application for Nonimmigrant Workers (LCAs) from 2015 and 2018
  • Postdoctoral salary information from Salary.com

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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: 2024-08-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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