dismissed EB-1A RFE Issued

Postdoctoral Research Fellow

Biomedical Engineering Laboratory · 2024-07-03

Decision Date
2024-07-03
Location
Maryland
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

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

The Director determined the Petitioner met the plain language of this criterion through his peer review activities.

Original scientific or scholarly contributions of major significance (Met)

The Director initially found this criterion met, though it was later determined insufficient for the final merits stage.

Authorship of scholarly articles (Met)

The Petitioner published articles in biomedical imaging and medical science from 2017 to 2022.

Why This Petition Was Denied

The Petitioner's citation count was zero for the year 2022, and his h-index of 8 was significantly lower than the field's top researchers (h-indices of 30-70+). While he met the criteria for judging, original contributions, and scholarly articles, the evidence did not show he was among the small percentage at the very top of the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the Petitioner's claims of extraordinary ability, which the Petitioner addressed with a statement on his optical technology research.

RFE Targets
Original scientific or scholarly contributions of major significance

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Judging Experience
Original Contributions
Scholarly Articles
Reference Letters Dependent
Evidence Submitted
  • Authorship of scholarly articles in biomedical imaging and medical science (2017-2022)
  • Peer review/judging of the work of others for journals
  • Scientific accomplishments of major significance in optical technology
  • Inventions and research funding
  • H-index of 8 as of 2022/2023

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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: 2024-07-03.

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At a Glance

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

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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