dismissed EB-1A RFE Issued

Postdoctoral Fellow

Cancer Researcher Specializing In Molecular Cancer Biology And Cancer Metabolism · 2024-09-30

Decision Date
2024-09-30
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 decided that the Petitioner satisfied the criterion relating to judging, and the AAO did not disturb this decision.

Authorship of scholarly articles (Met)

The Director decided that the Petitioner satisfied the criterion relating to authorship of scholarly articles, and the AAO did not disturb this decision.

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

The AAO agreed with the Director that the Petitioner did not fulfill the requirements for original contributions of major significance, as the evidence (including publication record, citation record, and recommendation letters) did not objectively demonstrate his work was unusually influential or widely applied by the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the initial evidence requirements, specifically not demonstrating a major, internationally recognized award or satisfying at least three of the ten regulatory criteria. While two criteria (judging and scholarly articles) were met, the critical 'original contributions of major significance' criterion was not, as evidence like citation counts (e.g., top ten percent in Biology & Biochemistry) and recommendation letters lacked objective corroboration of widespread influence or significant impact on the field, and a Department of Defense funding grant was deemed for future research, not past recognition.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested objective, documentary evidence to support claims of major significance in recommendation letters, specifically asking for proof of how the petitioner's work was 'more heavily relied upon' and cited as 'original contributions of major significance'. The petitioner responded by generally pointing to letters in the RFE response, but the AAO found these responses insufficient as they lacked specific corroboration.

RFE Targets
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Grants
Judging Experience
Original Contributions
Evidence Submitted
  • judging
  • scholarly articles
  • publication record
  • citation record
  • recommendation letters
  • Department of Defense funding grant

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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: 2024-09-30.

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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 884
Success Rate 52.7%
Sustained 466
Dismissed 301

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