AAO research

AAO EB-1A decision Aug192010_01B2203: scientist and published-material evidence pitfalls for eb-1a

Scientists cannot rely on commercial success evidence; they must provide objective high‑salary documentation and clear, directly‑focused proof of original contributions and published material to satisfy EB‑1A criteria. Objective documentation of high salary (e.g., tax returns, payroll records).; Cle

Decision Snapshot

Field Value --- --- Decision ID Aug192010_01B2203 Decision date 2010-08-19 Outcome dismissed Field or occupation scientist Final merits discussed Yes

Criteria Discussed

  • commercial_success

  • high_salary

  • judging

  • leading_critical_role

  • membership

  • original_contributions

  • published_material

Criteria Accepted

Not stated in the extracted decision plan.

Criteria Rejected

  • commercial_success

  • high_salary

  • judging

  • leading_critical_role

  • original_contributions

  • published_material

Core Lesson

Scientists cannot rely on commercial success evidence; they must provide objective high‑salary documentation and clear, directly‑focused proof of original contributions and published material to satisfy EB‑1A criteria.

Evidence Issue

  • Objective documentation of high salary (e.g., tax returns, payroll records).

  • Clear, verifiable proof that the beneficiary made original contributions of major significance to the field.

  • Published material that is directly about the beneficiary (the "focal point" standard).

  • Appropriate use of the commercial success criterion for a scientist.

How This Connects

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Source Note

Non-precedent AAO decisions are used as evidence examples. They are not binding authority and do not predict any individual case.