Visalytics
Visalytics
dismissed EB-1A RFE Issued

Physician, Board-Certified Gastroenterologist Specializing In Pancreatology

Medicine And Medical Research, Gastroenterologist Specializing In Pancreatology · 2024-08-23

Decision Date
2024-08-23
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
Authorship of scholarly articles (Met)

The Director determined, and the AAO agreed, that the Petitioner satisfied this criterion by providing evidence of authoring scholarly articles in Gastroenterology and other professional publications.

High salary or other remuneration (Met)

The Director determined, and the AAO agreed, that the Petitioner demonstrated he has commanded a high salary in relation to others in his field.

Lesser nationally or internationally recognized prizes or awards (Not Met)

The Director concluded the Petitioner did not demonstrate he meets this criterion, and the Petitioner did not contest this conclusion on appeal.

Published material about the alien in professional or major trade publications or other major media (Not Met)

The Director concluded the Petitioner did not demonstrate he meets this criterion, and the Petitioner did not contest this conclusion on appeal.

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

The AAO concluded the Petitioner did not demonstrate he made original contributions of major significance. While the Petitioner had published articles with citations (e.g., 58 citations for one article), the evidence lacked sufficient context to establish that these contributions were widely implemented, significantly impacted the field, or were recognized as majorly significant by independent experts.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. While the Petitioner satisfied criteria for scholarly articles and high salary, the AAO found the evidence for original contributions of major significance insufficient. The Petitioner's 14 articles with 119 cumulative citations, including one with 58 citations, were not deemed indicative of major significance without further context demonstrating unusually high impact or widespread implementation in the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for original contributions of major significance, specifically asking for independent objective evidence that his contributions significantly influenced his field, including detailed letters from experts. The Petitioner responded by asserting the significance of his citation record based on a study, but did not provide the requested independent expert letters or sufficient documentation to support his claims of major impact.

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

Evidence

Evidence Types
Peer Reviewed Publications
Citations
High Salary
Evidence Submitted
  • 14 scholarly articles published in professional journals
  • 119 cumulative citations to published work (Google Scholar)
  • Most cited article (Gastroenterology, 2015) with 58 citations (as of Feb 2023)
  • Article (2012) with 22 citations
  • Article (2019) with 19 citations
  • Evidence of commanding a high salary
  • Self-compiled list of 12 research studies/articles citing petitioner's work
  • Editorial feature in Gastroenterology journal for 2015 article
  • Short articles in professional publications acknowledging novelty of pilot study

Similar Cases

Lecturer

Biotechnology · India

WeGreened EB-1A approved
Nebraska 9 days 2025-03-15
The petition was approved based on 18 peer-reviewed articles and 4 book chapters with over 500 citations. The petitioner demonstrated an h-index of 11 and completed over 30 peer reviews for high-impact journals. Additionally, the case was supported by significant funding from the National Institutes of Health (NIH) and the National Cancer Institute (NCI).
View Case

Others

Healthcare · India

WeGreened EB-1A rfe approved
New York 120 days 2025-03-18
The petition was approved based on 13 peer-reviewed journal articles and 342 citations from researchers in 44 countries. The petitioner satisfied the EB-1A criteria for scholarly articles, judging the work of others, and original contributions of major significance. Her work's impact was further evidenced by seven papers ranking in the top 10% of most-cited clinical medicine publications.
View Case

Researcher

Research and Development · China

WeGreened EB-1A approved
Michigan 9 days 2022-03-09
The petition was approved based on 41 peer-reviewed scientific articles, 1 abstract, 1 editorial, and 2 book chapters which garnered 1,144 citations from researchers in 57 countries. Additionally, the petitioner demonstrated her expertise by performing 33 peer reviews for professional journals. Her work was further validated by funding from prestigious institutions including the National Institutes of Health and the American Diabetes Association.
View Case

Postdoctoral Researcher

Biotechnology · India

WeGreened EB-1A approved
Texas 16 days 2025-04-25
The petition was approved based on 12 peer-reviewed publications with over 468 citations, including a paper in the top 10% of its field. The petitioner demonstrated extraordinary ability through his service as a reviewer for 14 journals and his role on multiple international editorial boards. His research into type 2 diabetes treatments and Zika virus virulence provided evidence of original contributions of major significance.
View Case

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

More dismissed cases More Healthcare cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-23.

Browse all cases

At a Glance

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

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

Related Pages

EB-1A Overview All EB-1A Cases EB-1A Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist