Outcome: Dismissed
APR052021_03B2203
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.
Official PDF
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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
| Criterion | Reading | Why |
|---|---|---|
| Met | Director determined beneficiary satisfied this criterion; AAO did not disturb finding. | |
| Met | Director determined beneficiary satisfied this criterion; AAO did not disturb finding. | |
| Not met | Beneficiary failed to show contributions of major significance in field; implementation only at testing stage. | |
| Claimed, not analyzed | Not claimed or discussed; decision states beneficiary received no major internationally recognized award. | |
| Claimed, not analyzed | Not mentioned as claimed or discussed in decision. | |
| Claimed, not analyzed | Not mentioned as claimed or discussed in decision. | |
| Claimed, not analyzed | Not mentioned as claimed or discussed in decision. | |
| Claimed, not analyzed | Not mentioned as claimed or discussed in decision. | |
| Claimed, not analyzed | Claimed on appeal but not analyzed substantively by AAO. | |
| Claimed, not analyzed | Claimed on appeal but not analyzed substantively by AAO. | |
| Not met | Beneficiary 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.
