AAO research

AAO EB-1A decision OCT152009_01B2203: Membership

AAO EB-1A decision OCT152009_01B2203: Membership

EB-1A membership — AAO decision OCT152009_01B2203: Appeal dismissed. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision OCT152009_01B2203: Appeal dismissed. Original contributions and scholarly authorship were met, but fewer than three criteria were established and the overall record did not show sustained acclaim/top-of-field standing.

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: Source face identifies an AAO decision on a Form I-140 EB-1A extraordinary-ability petition. Field, posture, and final-merits distinctions are preserved in the source-grounded findings.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT152009_01B2203

Decision date as printed

October 15, 2009

Classification / field stated in source

Form I-140 EB-1A extraordinary-ability decision under INA §203(b)(1)(A).

Procedural posture

Appeal of Nebraska Service Center denial; appeal dismissed.

Operative disposition

Appeal dismissed

Final-merits status

Legacy 2009 decision considers the record in the aggregate and finds acclaim/top-of-field standing unproven; it does not conduct a separate modern Kazarian final-merits step.

What the AAO decision addressed

Original contributions and scholarly authorship were met, but fewer than three criteria were established and the overall record did not show sustained acclaim/top-of-field standing.

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

Not considered — source PDF

Membership

Not met — p. 3, p. 4

Published material about the person

Not met — p. 5, p. 6

Judging the work of others

Not met — p. 5, p. 6

Original contributions of major significance

met — p. 7, p. 8

Scholarly authorship

met — p. 8, p. 9

Artistic display or showcases

Not considered — source PDF

Leading or critical role

Not met — p. 8

High salary or remuneration

Not considered — source PDF

Commercial success in the performing arts

Not considered — source PDF

Source-cited findings recorded in review

  • claim: The petitioner was a synthetic organic chemist with a Ph.D. from Emory, postdoctoral work at TSRI, and a Scientist I position at a private pharmaceutical company at filing.; pages: 3; 8

  • claim: Sigma Xi membership did not require outstanding achievement; materials showed about 5,000 new members annually. The petitioner did not meet awards or published-material criteria; articles citing his work were about the citing authors’ results, not about him.; pages: 3; 4; 5

  • claim: Routine peer review and proofreader work did not establish judging; the AAO found his scholarly authorship criterion met.; pages: 5; 6; 7; 8; 9

  • claim: The AAO found original contributions met after considering specific reaction/synthesis work and supporting letters from recognized experts, including a Nobel Laureate and National Academy of Sciences member; claimed leading role at Sandia was not met.; pages: 7; 8

  • claim: The AAO nevertheless found the total record insufficient for sustained acclaim/top-of-field standing and dismissed the appeal.; pages: 9

How this record may be used in research

Comparison scope: Eligible for individual case discussion

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

  • Awards research

  • Membership research

  • Published material about the person research

  • Judging the work of others research

  • Original contributions of major significance research

  • Scholarly authorship research

  • Artistic display or showcases research

  • Leading or critical role research

  • High salary or remuneration research

  • Commercial success in the performing arts research

  • Medicine sector research

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Primary source

Official USCIS AAO decision PDF for OCT152009_01B2203