EB-1ABusiness and managementIndividualDecided 2005Dismissed
Outcome: Dismissed
APR152005_03B2203
Leading or critical roleMetAwardsNot metHigh salaryNot metJudgingNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met
Our summary
Software company president sought EB-1A classification in business. Claimed six criteria; met only leading critical role. AAO found insufficient evidence of sustained national or international acclaim or achievements setting him significantly above peers in the field. Appeal dismissed.
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
- Leading or critical role · Decision found beneficiary met this criterion through distinguished role as company president.
What was missing
- Awards · Local rankings and finalist designations do not constitute nationally or internationally recognized awards or prizes.
- High salary · Earnings comparison lacking; petitioner cannot meet criterion simply by earning more than average.
- Judging · Evidence of supervising employees and consulting lacks indicators of sustained national or international acclaim.
- Membership · Membership criteria based on employment, experience, and dues do not demonstrate outstanding achievements judged by national or international experts.
- Original contributions · Software development evidence insufficient to demonstrate major contributions to the field.
- Final merits · Evidence does not demonstrate sustained national or international acclaim or place among top percentage of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Leading or critical role | Met | Decision found beneficiary met this criterion through distinguished role as company president. |
 Awards | Not met | Local rankings and finalist designations do not constitute nationally or internationally recognized awards or prizes. |
 High salary | Not met | Earnings comparison lacking; petitioner cannot meet criterion simply by earning more than average. |
 Judging | Not met | Evidence of supervising employees and consulting lacks indicators of sustained national or international acclaim. |
 Membership | Not met | Membership criteria based on employment, experience, and dues do not demonstrate outstanding achievements judged by national or international experts. |
 Original contributions | Not met | Software development evidence insufficient to demonstrate major contributions to the field. |
 Final merits | Not met | Evidence does not demonstrate sustained national or international acclaim or place among top percentage of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.