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AAO affirmed that the Petitioner's peer review of manuscripts by other scholars constitutes judging the work of others under 8 C.F.R. § 204.5(h)(3)(iv).
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AAO affirmed that the Petitioner's peer review of manuscripts by other scholars constitutes judging the work of others under 8 C.F.R. § 204.5(h)(3)(iv).
Exact record locator: findings_long.parquet filename_stem=2022-02-25_01_B2203; source_row=29104 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Biomedical / Life SciencesPhD
Issue evaluated
EB-1A · Final merits
final merits determination
What the decision said
AAO reserved final merits because the Petitioner failed to meet the step-1 threshold of three criteria, but noted in advisory dicta that the two met criteria reflect routine activities lacking indicia of sustained acclaim, and the Petitioner's individual contributions were not fully explained.
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AAO reserved final merits because the Petitioner failed to meet the step-1 threshold of three criteria, but noted in advisory dicta that the two met criteria reflect routine activities lacking indicia of sustained acclaim, and the Petitioner's individual contributions were not fully explained.
Exact record locator: findings_long.parquet filename_stem=2022-02-25_02_B2203; source_row=29116 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the first prong was not met. The letters addressed past work in Brazil, not the prospective U.S. endeavor; the articles gave generalized information about Brazil and the industry without addressing the specific endeavor's national impact. Appeal arguments about COVID-19 relief and domestic job prioritization were a new set of facts inconsistent with the original petition filing and thus impermissible.
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AAO agreed the first prong was not met. The letters addressed past work in Brazil, not the prospective U.S. endeavor; the articles gave generalized information about Brazil and the industry without addressing the specific endeavor's national impact. Appeal arguments about COVID-19 relief and domestic job prioritization were a new set of facts inconsistent with the original petition filing and thus impermissible.
Exact record locator: findings_long.parquet filename_stem=2022-02-24_01_B5203; source_row=29083 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's awards are scholarships and academic recognition rather than evidence of a career of acclaimed work; media coverage is minimal and not sustained since 2017; judging experience involves only first-year students rather than renowned professionals; 14 articles and 223 citations do not establish impact at the top of the field; and recommendation letters reflect only solicited praise rather than field-wide recog…
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The Petitioner's awards are scholarships and academic recognition rather than evidence of a career of acclaimed work; media coverage is minimal and not sustained since 2017; judging experience involves only first-year students rather than renowned professionals; 14 articles and 223 citations do not establish impact at the top of the field; and recommendation letters reflect only solicited praise rather than field-wide recognition.
Exact record locator: findings_long.parquet filename_stem=2022-02-24_01_B2203; source_row=29082 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The credentials evaluation was based on a combination of academics and professional experience rather than education alone, and did not establish that the Petitioner holds a foreign equivalent of a U.S. advanced degree.
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The credentials evaluation was based on a combination of academics and professional experience rather than education alone, and did not establish that the Petitioner holds a foreign equivalent of a U.S. advanced degree.
Exact record locator: findings_long.parquet filename_stem=2022-02-24_02_B5203; source_row=29090 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Recognition for achievements and significant contributions
Why AAO was not persuaded
The recommendation letters reflected internal employer recognition, not recognition by peers, governmental entities, or professional organizations for significant contributions to the broader industry or field. The SAPD Vision Award was internal employer recognition only. The Petitioner's appeal brief did not specifically identify any erroneous conclusion of law or fact in the Director's analysis.
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The recommendation letters reflected internal employer recognition, not recognition by peers, governmental entities, or professional organizations for significant contributions to the broader industry or field. The SAPD Vision Award was internal employer recognition only. The Petitioner's appeal brief did not specifically identify any erroneous conclusion of law or fact in the Director's analysis.
Exact record locator: findings_long.parquet filename_stem=2022-02-24_02_B5203; source_row=29097 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c