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EB-1AData science and analyticsIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR112023_02B2203

JudgingMetMembershipNot metOriginal contributionsNot metHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A business data engineer sought extraordinary ability classification, claiming several evidentiary criteria after the service center found none met. The AAO accepted the judging criterion but found membership and original contributions unmet. It dismissed the appeal because the evidence did not show sustained acclaim or top-of-field standing.

Official PDF

Official PDF ↗

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

What the AAO accepted

  • Judging · The AAO withdrew the director's finding and accepted a letter showing the petitioner judged others' work on one occasion.

What was missing

  • Membership · Memberships were not shown to require outstanding achievements judged by recognized experts; one was not shown to be an association.
  • Original contributions · Coworker letters showed usefulness to the employer but not originality or major significance beyond it.
  • Final merits · Successful career shown, but no sustained acclaim or standing among the small percentage at the very top.

Criteria

CriterionReadingWhy
JudgingMetThe AAO withdrew the director's finding and accepted a letter showing the petitioner judged others' work on one occasion.
MembershipNot metMemberships were not shown to require outstanding achievements judged by recognized experts; one was not shown to be an association.
Original contributionsNot metCoworker letters showed usefulness to the employer but not originality or major significance beyond it.
High salaryClaimed, not analyzedClaimed but not analyzed in the condensed decision text.
Leading or critical roleClaimed, not analyzedClaimed but not analyzed in the condensed decision text.
Scholarly articlesClaimed, not analyzedClaimed but not analyzed in the condensed decision text.
Final meritsNot metSuccessful career shown, but no sustained acclaim or standing among the small percentage at the very top.

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

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