dismissed EB-1A
Assistant Professor
Social Science, Sociology · 2024-05-28
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
2 of 3 criteria metJudging (Met)
The Director concluded the Petitioner fulfilled the category of judging the work of others.
Scholarly Articles (Met)
The Director concluded the Petitioner fulfilled the category of authorship of scholarly articles.
Awards (Not Met)
The 2020 Best Article Award was not shown to be a nationally or internationally recognized prize for excellence in the field.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner met only two criteria (judging and scholarly articles) instead of the required three. The '2020 Best Article Award' from a social science association was deemed to lack evidence of national or international recognition for excellence in the field. Consequently, the Petitioner did not demonstrate the sustained national or international acclaim required for EB-1A classification.
Evidence
Evidence Types
Scholarly Articles
Judging Experience
Awards
Reference Letters Dependent
Evidence Submitted
- Judging of the work of others (8 C.F.R. § 204.5(h)(3)(iv))
- Authorship of scholarly articles in professional or major trade publications (8 C.F.R. § 204.5(h)(3)(vi))
- Best Article Award (2020) for a manuscript published in 2019
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Assistant Professor
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The appeal was dismissed because the petitioner failed to overcome the Director's analysis. Specifically, the petitioner abandoned claims for awards and high salary. She did not provide evidence that her memberships required outstanding achievements judged by nationally or internationally recognized experts. Furthermore, she failed to demonstrate that publications about her work were of the regulatory required types, or that her original contributions significantly impacted the field through incremental recognition. Finally, she did not adequately show she performed in a leading or critical role of significance to the entity.
Postdoctoral Researcher
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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.
Research Scientist
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USCIS EB-1A rfe dismissed
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The appeal was dismissed because the Petitioner did not demonstrate a one-time achievement and failed to meet at least three of the ten evidentiary criteria. Specifically, the awards were not proven to be nationally or internationally recognized, membership in the Chinese Society of Particuology lacked proper translation and proof of outstanding achievement requirements, the patent's major significance was not documented, and the Petitioner's role at the organization was not shown to be leading or critical.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-28.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 2 / 3
Evidence Types 4
EB-1A Case Data
Scraped Case Data
Total Cases 884
Success Rate 52.7%
Sustained 466
Dismissed 301
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