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EB-1A three-criterion threshold — AAO decision JUN172024_01B2203: Appeal dismissed; petition denied. Review source status, procedural posture and the…
Decision summary: AAO decision JUN172024_01B2203: Appeal dismissed; petition denied. AAO found professional peer-reviewed articles satisfied authorship. The petitioner did not establish a second criterion: awards and membership were waived by inadequate appellate argument; patent evidence was a new theory not raised to the Director; a leading-role assertion could not change the numeric shortfall. Sustained acclaim was not established.
Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.
Scope classification from review: EB-1A merits appeal; one criterion met, two waived, new theory not considered; threshold unmet.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | JUN172024_01B2203 |
|---|---|
Decision date as printed | June 17, 2024 |
Classification / field stated in source | EB-1A appeal dismissed |
Procedural posture | Director denied for lack of a major award or three criteria. AAO found scholarly authorship met, but awards and membership arguments were waived on appeal; original-contributions/patent claim was raised for the first time on appeal and not considered. |
Operative disposition | Appeal dismissed; petition denied. |
Final-merits status | Not reached; initial threshold unmet, so final merits was unnecessary. |
What the AAO decision addressed
AAO found professional peer-reviewed articles satisfied authorship. The petitioner did not establish a second criterion: awards and membership were waived by inadequate appellate argument; patent evidence was a new theory not raised to the Director; a leading-role assertion could not change the numeric shortfall. Sustained acclaim was not established.
Criterion-by-criterion status in this source
These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.
Criterion | Source-review status |
|---|---|
Awards | Abandoned or waived — source PDF |
Membership | Abandoned or waived — source PDF |
Published material about the person | Not reached — source PDF |
Judging the work of others | Not reached — source PDF |
Original contributions of major significance | Not considered — source PDF |
Scholarly authorship | met — source PDF |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | Not reached |
High salary or remuneration | Not reached — source PDF |
Commercial success in the performing arts | Not reached — source PDF |
Source-cited findings recorded in review
claim: Cover identifies June 17, 2024 EB-1A appeal by a bioinformatics researcher.; pages: 1
claim: AAO describes petitioner’s physics/biology training and government-contractor work, then addresses criteria.; pages: 2
claim: AAO treats award and membership issues as waived because the appeal did not develop arguments; patent/original-contribution claim was not raised to Director and is not considered.; pages: 2; 3
claim: AAO finds scholarly articles in professional publications satisfy authorship but one criterion is insufficient; appeal dismissed.; pages: 3
How this record may be used in research
Comparison scope: Eligible for criterion-specific procedural/merits explanation; no approval or final merits.
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
How to use this record
This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.
Related corpus research
Full-corpus research index
Published material about the person research
Leading or critical role research
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