AAO research

AAO EB-1A decision SEP022009_01B2203: Published material about the person

AAO EB-1A decision SEP022009_01B2203: Published material about the person

EB-1A published material about the person — AAO decision SEP022009_01B2203: Appeal dismissed; petition denied. Review source status, procedural posture…

Decision summary: The AAO Appeal dismissed; petition denied The AAO’s operative order dismisses the appeal; the stated merits and procedural basis is summarized above with page citations.

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: The source is an AAO decision concerning an EB-1A Form I-140 petition and discusses eligibility for that classification.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

SEP022009_01B2203

Decision date as printed

September 2, 2009

Classification / field stated in source

AAO nonprecedent decision on a Form I-140 petition for classification as an alien of extraordinary ability under INA § 203(b)(1)(A) (EB-1A).

Procedural posture

AAO appeal from denial of an EB-1A petition for a senior research scientist; appeal dismissed.

Operative disposition

Appeal dismissed; petition denied

Final-merits status

The AAO finds the petitioner did not satisfy the three-criteria threshold; the conclusion evaluates acclaim but no separate final-merits determination is reached.

What the AAO decision addressed

The AAO’s operative order dismisses the appeal; the stated merits and procedural basis is summarized above with page citations.

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 — p. 4

Membership

Not considered — p. 6

Published material about the person

Not met — p. 4, p. 5

Judging the work of others

Not met — p. 6, p. 7, p. 8

Original contributions of major significance

Not met — p. 8, p. 9, p. 10, p. 11, p. 12, p. 13

Scholarly authorship

met — p. 8, p. 13

Artistic display or showcases

Not considered — p. 13

Leading or critical role

Not met — p. 14

High salary or remuneration

Not considered — p. 14

Commercial success in the performing arts

Not considered — p. 14

Source-cited findings recorded in review

  • claim: The petitioner’s field is experimental biophysics; he earned a Ph.D., conducted postdoctoral research and worked as a senior research scientist.; evidence_pages: 3; 9

  • claim: The AAO finds scholarly authorship met but published material, judging, original contributions and leading/critical role not met.; evidence_pages: 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14

  • claim: The appeal is dismissed.; evidence_pages: 15

How this record may be used in research

Comparison scope: Eligible with caveats

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

  • Final Merits research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for SEP022009_01B2203