dismissed EB-1A
Professor Of Chemistry
Chemistry · 2024-08-21
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 metPublished Material (Met)
The Director concluded that the record satisfies the criterion at 8 C.F.R. § 204.5(h)(3)(iv).
Authorship of Scholarly Articles in Professional or Major Trade Publications or Other Major Media (Met)
The Director concluded that the record satisfies the criterion at 8 C.F.R. § 204.5(h)(3)(vi).
Original Scientific, Scholarly, Artistic, Athletic, or Business-Related Contributions of Major Significance in the Field (Not Met)
The Director found that the record does not satisfy this criterion, noting that evidence was speculative, did not demonstrate major significance (only moderate), citation data was insufficient compared to other researchers, conference presentations lacked proof of major significance, expert letters were unpersuasive, and an innovation used in Iran was not established to be of major significance to the field in general.
Why This Petition Was Denied
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.
Evidence
Evidence Types
Peer Reviewed Publications
Citations
Conference Presentations
Reference Letters Dependent
Original Contributions
Evidence Submitted
- citation data regarding published articles
- presentations at conferences
- letters submitted on behalf of the Petitioner
- innovation used in Iran
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.
Research Scientist
Research and Development · China
USCIS EB-1A rfe dismissed
2024-09-03
The appeal was dismissed because the Petitioner did not demonstrate a one-time achievement and failed to meet at least three of the ten evidentiary criteria. Specifically, the awards were not proven to be nationally or internationally recognized, membership in the Chinese Society of Particuology lacked proper translation and proof of outstanding achievement requirements, the patent's major significance was not documented, and the Petitioner's role at the organization was not shown to be leading or critical.
Postdoctoral Researcher
Chemicals · China
WeGreened EB-1A approved
Tennessee 46 days 2025-01-28
The petition satisfied the EB-1A criteria through a high volume of scholarly output and significant citation metrics. Specifically, the client authored 43 peer-reviewed journal articles and received 3,614 citations, placing them in the top 1% of researchers in their field. Additionally, the petitioner demonstrated their authority through the completion of at least 28 peer reviews for leading journals.
Postdoctoral Researcher
Research and Development · Russia
WeGreened EB-1A approved
California 10 days 2025-03-15
The petition was approved based on over 40 peer-reviewed journal articles and more than 1,000 citations demonstrating global influence. The petitioner also completed over 40 peer reviews for elite journals like Nature Chemistry and Chemical Science. These metrics satisfied the EB-1A criteria for scholarly articles, original contributions, and judging the work of others.
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: 2024-08-21.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 2 / 3
Evidence Types 5
EB-1A Case Data
Scraped Case Data
Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist