dismissed EB-1A

Research Scientist

Regenerative Medicine · 2025-01-07

Decision Date
2025-01-07
Location
Texas
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

1 of 3 criteria met
Authorship of scholarly articles in the field, in professional journals, or other major media (Met)

The Director determined the Petitioner fulfilled this criterion, and this finding was not disputed on appeal.

Participation as a judge of the work of others (Not Met)

The Petitioner claimed to have reviewed 14 papers for MDPI journals, but the submitted certificate lacked specific details (names, titles, dates), and supporting letters were vague, failing to demonstrate actual participation as a judge.

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

Recommendation letters focused on the Petitioner's contributions to her employers' projects rather than demonstrating major significance to the overall field. Citations to her work and conference presentations did not establish that her contributions were widely recognized as majorly significant.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the evidence for judging (8 C.F.R. § 204.5(h)(3)(iv)) lacked specific details on who, what, and when the Petitioner judged, and the submitted certificate and letters were deemed insufficient. For original contributions of major significance (8 C.F.R. § 204.5(h)(3)(v)), expert letters focused on contributions to the employer rather than the overall field, and citations to the Petitioner's work did not demonstrate major significance beyond mere reference. The Petitioner only met one criterion (scholarly articles) and failed to establish the required sustained national or international acclaim.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Patents
Awards
Reference Letters Dependent
Conference Presentations
Judging Experience
Original Contributions
Evidence Submitted
  • 14 papers reviewed for MDPI journals (International Journal of Molecular Sciences, Bioengineering, Antioxidants, Journal of Functional Biomaterials, Journal of Personalized Medicine, Life, Cells, Journal of Cardiovascular Development and Disease)
  • recommendation letters from G-L, D-A-T, C-H-M, and A-C-C-C
  • publication and citation record from Google Scholar
  • samples of partial research articles citing Petitioner's work
  • a patent citing Petitioner's work
  • attendance and participation at several national and international conferences
  • articles published in journals with high rankings/impact factors

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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: 2025-01-07.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 8

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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