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EB-1AMechanical and aerospace engineeringEmployerDecided April 2021Dismissed

Outcome: Dismissed

APR052021_03B2203

JudgingMetScholarly articlesMetOriginal contributionsNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

An employer petitioned for an engineer to receive EB-1A extraordinary ability classification. The beneficiary met two of ten criteria (judging and scholarly articles). On appeal, the AAO held the beneficiary failed to meet the required three criteria threshold because contributions lacked demonstrated major significance and sustained acclaim in the field was not established.

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Judging · Director determined beneficiary satisfied this criterion; AAO did not disturb finding.
  • Scholarly articles · Director determined beneficiary satisfied this criterion; AAO did not disturb finding.

What was missing

  • Original contributions · Beneficiary failed to show contributions of major significance in field; implementation only at testing stage.
  • Final merits · Beneficiary failed to demonstrate sustained national or international acclaim or upper echelon status in field.

Criteria

CriterionReadingWhy
JudgingMetDirector determined beneficiary satisfied this criterion; AAO did not disturb finding.
Scholarly articlesMetDirector determined beneficiary satisfied this criterion; AAO did not disturb finding.
Original contributionsNot metBeneficiary failed to show contributions of major significance in field; implementation only at testing stage.
AwardsClaimed, not analyzedNot claimed or discussed; decision states beneficiary received no major internationally recognized award.
Commercial successClaimed, not analyzedNot mentioned as claimed or discussed in decision.
ExhibitionsClaimed, not analyzedNot mentioned as claimed or discussed in decision.
High salaryClaimed, not analyzedNot mentioned as claimed or discussed in decision.
Leading or critical roleClaimed, not analyzedNot mentioned as claimed or discussed in decision.
MembershipClaimed, not analyzedClaimed on appeal but not analyzed substantively by AAO.
Published materialClaimed, not analyzedClaimed on appeal but not analyzed substantively by AAO.
Final meritsNot metBeneficiary failed to demonstrate sustained national or international acclaim or upper echelon status in field.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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