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dismissed EB-1A RFE Issued

Data Scientist

Astrophysics · 2024-10-29

Decision Date
2024-10-29
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

0 of 3 criteria met
Judging the work of others (Not Met)

The Petitioner's single instance of peer reviewing for Monthly Notices of the Royal Astronomical Society was deemed insufficient to demonstrate sustained national or international acclaim or being at the very top of the field, lacking evidence of consistent history or comparison to others at the top.

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

The AAO disagreed with the Director's finding that this criterion was met, stating the record did not reflect the Petitioner's achievement of making original contributions of major significance, and the recommendation letters did not provide specific examples of majorly significant contributions.

Authorship of scholarly articles in the field, in professional or major trade publications or other major media (Not Met)

The Petitioner's 7 peer-reviewed articles and 1 abstract were not shown to be consistent with a career of acclaimed work or to have garnered sustained national or international acclaim, as the significance of his authorships or how they compare to others at the top was not demonstrated.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that he is among the small percentage at the very top of the astrophysics field. Although the Director initially found three criteria met (judging, original contributions, scholarly articles), the AAO disagreed on 'original contributions' and found the single peer review instance insufficient. The Petitioner's 7 peer-reviewed articles (1 first-authored) and 2,159 cumulative citations were deemed insufficient, particularly as the most cited articles had numerous coauthors, and his specific contributions were not shown to be majorly significant or to have garnered widespread acclaim. His post-graduation employment as a data scientist in a leasing company was also noted as inconsistent with sustained acclaim in astrophysics.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the Petitioner's citation history, specifically to clarify his level of contribution to co-authored articles and how these contributions garnered national or international acclaim. The Petitioner responded by submitting his Google Scholar profile and data from Clarivate Analytics, but this was deemed insufficient to show significant individual impact.

RFE Targets
Authorship of scholarly articles in the field, in professional or major trade publications or other major mediaOriginal scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Grants
Conference Presentations
Judging Experience
Evidence Submitted
  • Peer review for Monthly Notices of the Royal Astronomical Society (1 instance)
  • Authorship of 7 peer-reviewed journal articles (1 first-authored)
  • Authorship of 1 abstract
  • Cumulative citations: 2,159 (Google Scholar)
  • Presentation at the American Astronomical Society Meeting (2022)
  • Research funding from Alfred P. Sloan Foundation, Crafoord Foundation, Office of Science, National Science Foundation (NSF), Olle Engkvist Foundation, Research Corporation for Science Advancement (RCSA), National Aeronautics and Space Administration (NASA), Heising-Simmons Foundation
  • Recommendation letters from Ph.D. supervisor (Dr. [Name], associate professor), an assistant professor (Dr. [Name]), and a Professor of Astronomy (Dr. [Name])

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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: 2024-10-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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