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dismissed EB-1A RFE Issued

Scholar Of Kyrgyz History And Culture

Scholar Of Kyrgyz History And Culture · Kyrgyzstan · 2024-12-09

Decision Date
2024-12-09
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
Published material about the noncitizen in professional or major trade publications or other major media (Met)

The Director found, and the AAO agreed, that the Petitioner satisfied this criterion based on published material about him and his work in the field, including a prominent newspaper interview.

Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of endeavor (Met)

The Director found, and the AAO agreed, that the Petitioner satisfied this criterion based on his participation as a judge of others' work in the field, likely through his roles as editor and proofreader for academic journals.

Authorship of scholarly articles in the field, in professional or major trade publications or other major media (Met)

The Director found, and the AAO agreed, that the Petitioner satisfied this criterion based on his authorship of eight books and 35 articles regarding Central Asian history and culture.

Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (Not Met)

The Petitioner contended he met this criterion with Kyrgyzstan's 'Certificate of Gratitude'. However, the AAO declined to make a determination as he already met the minimum three criteria, and also noted that all five translators received the same certificate, not establishing his place among top scholars.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish sustained national or international acclaim placing him among the small percentage at the very top of his field. While he met three evidentiary criteria (published material about him, judging others' work, and authorship of scholarly articles), the evidence for his purported achievements, such as citation count (fourth most among six leading scholars, but this evidence was disregarded), selection for a major translation project (selection basis unclear), receipt of a 'Certificate of Gratitude' (all five translators received it, not just top scholars), and a newspaper interview (did not demonstrate top-tier recognition), was deemed insufficient to meet the 'very high standard' for extraordinary ability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the Petitioner's articles had been widely cited and results from scholarly literature search websites. The Petitioner submitted this evidence on appeal, but it was disregarded as it was not provided with the RFE response and was also found insufficient to establish the claimed achievement.

RFE Targets
Authorship of scholarly articles in the field, in professional or major trade publications or other major media

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Media Coverage
Reference Letters Dependent
Conference Presentations
Judging Experience
Original Contributions
Evidence Submitted
  • Authored eight books and 35 articles regarding Central Asian history and culture (2009-2023)
  • Presented 42 papers at international conferences
  • Worked as a proofreader, assistant editor, and editor at academic journals
  • Worked as an international political expert at a Turkish 'think-tank'
  • Worked as a partner/manager at an online magazine about Central Asian life and culture
  • Proficient in nine living and two ancient Turkish languages
  • Co-translated a three-volume, 3,000+ page work from Kyrgyz to Turkish (2016-2017)
  • Received a newspaper interview in Kyrgyzstan's leading education and science newspaper (2024)

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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: 2024-12-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 3 / 3
Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

Related Pages

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

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