dismissed EB-1A RFE Issued

Postdoctoral Associate

Physics · 2024-06-04

Decision Date
2024-06-04
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 Petitioner reviewed 27 manuscripts over six years and served as a review editor for Frontiers.

Original contributions of major significance (Met)

The Director initially found this met, though the AAO noted the impact did not reach the level of national/international acclaim in the final merits stage.

Authorship of scholarly articles (Met)

The Petitioner authored 31 works in professional journals, including some in high-impact publications.

Why This Petition Was Denied

The Petitioner's citation record (31 works, 27 manuscripts reviewed) was deemed typical for an early-career researcher rather than one at the top of the field. Only one paper had a high citation count, and the editorial board service for 'Frontiers' was considered less prestigious due to its open solicitation of members. The evidence failed to show the Petitioner's work had a major, pioneering influence on the broader field beyond a few individual researchers.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the number of peer reviews performed and the significance of the Petitioner's original research contributions. The Petitioner provided Clarivate data and additional expert letters in response.

RFE Targets
Judging the work of othersOriginal contributions of major significanceAuthorship of scholarly articles

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Scholarly Articles
Judging Experience
Original Contributions
Evidence Submitted
  • 31 published works (Google Scholar)
  • 27 manuscript reviews (45 records on Clarivate Web of Science)
  • Service as a 'review editor' for Frontiers
  • One highly cited paper from 2017
  • Publications in high impact factor journals (e.g., primary author on papers in 2009 and 2013)
  • 8 recommendation letters from experts

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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: 2024-06-04.

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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 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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