remanded EB-1A
Individual Of Extraordinary Ability In The Sciences
Sciences · 2024-03-28
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 metJudging (Met)
The Director previously determined the Petitioner fulfilled the judging criterion at 8 C.F.R. § 204.5(h)(3)(iv).
Scholarly Articles (Met)
The Director previously determined the Petitioner fulfilled the scholarly articles criterion at 8 C.F.R. § 204.5(h)(3)(vi).
Original Contributions (Met)
The Petitioner's work in immunology, specifically in the journal Cell, was highly cited and supported by expert letters confirming its major significance.
Why This Petition Was Remanded
The Petitioner met the original contributions criterion (8 C.F.R. § 204.5(h)(3)(v)) through work in the journal 'Cell' that provoked widespread commentary and was highly cited. Combined with judging and scholarly articles, the Petitioner satisfied the minimum of three criteria. The Director's initial denial was withdrawn because it incorrectly applied final merits standards (acclaim) to the individual criteria stage.
Evidence
Evidence Types
Scholarly Articles
Judging Experience
Original Contributions
Citations
Evidence Submitted
- Scholarly articles in the field
- Judging the work of others
- Original contributions of major significance in immunology
- Highly cited work in the journal Cell
- Expert recommendation letters
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-03-28.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 3 / 3
Evidence Types 4
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
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