remanded EB-1A

Post-Doctoral Research Fellow

Neuroscience Field · 2024-05-07

Decision Date
2024-05-07
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 concluded and the record supports that the Petitioner participated as a judge of the work of others in her field.

Scholarly articles (Met)

The Director concluded and the record supports that the Petitioner has authored scholarly articles in her field.

Original contributions of major significance (Partially Met)

The Director found this unmet, but the AAO withdrew that finding, noting the Petitioner provided evidence of highly cited work and expert letters that were not properly evaluated.

Why This Petition Was Remanded

The matter was remanded because the Director failed to provide a reasoned consideration of the evidence for original contributions of major significance, specifically ignoring eight expert letters and evidence that the Petitioner's articles were in the top 10% of cited works in her field. The Director's use of templated language did not satisfy the requirement to explain specific reasons for denial.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Judging Experience
Original Contributions
Reference Letters Dependent
Evidence Submitted
  • 8 letters from experts in the field
  • Citation history from Google Scholar
  • Published research and review articles citing the Petitioner's work
  • Evidence of articles being among the top 10 percent most cited in the field
  • Participation as a judge of the work of others
  • Authorship of scholarly articles

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Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-07.

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At a Glance

Outcome remanded
Criteria Met 2 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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