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EB-1ABusiness and managementEmployerDecided April 2021Dismissed

Outcome: Dismissed

APR152021_02B2203

Leading or critical roleMetPublished materialMetAwardsNot metHigh salaryNot metOriginal contributionsNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedJudgingClaimed, not analyzedMembershipClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

Beauty products company petitioned for executive with extraordinary ability in business. Although the beneficiary met published material and leading role criteria, she failed to establish three total criteria and lacked sustained national or international acclaim required for EB-1A.

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

  • Leading or critical role · Director found criterion met; AAO agrees beneficiary held leading role for distinguished organization.
  • Published material · Director found criterion met; AAO agrees with published material evidence.

What was missing

  • Awards · Beneficiary was not named recipient of awards; company awards do not satisfy criterion.
  • High salary · Evidence insufficient; no comparison data showing salary high relative to similar executives.
  • Original contributions · Product development contributions did not influence other executives or broader industry.
  • Final merits · Beneficiary did not meet at least three criteria initially; lacks sustained national or international acclaim.

Criteria

CriterionReadingWhy
Leading or critical roleMetDirector found criterion met; AAO agrees beneficiary held leading role for distinguished organization.
Published materialMetDirector found criterion met; AAO agrees with published material evidence.
AwardsNot metBeneficiary was not named recipient of awards; company awards do not satisfy criterion.
High salaryNot metEvidence insufficient; no comparison data showing salary high relative to similar executives.
Original contributionsNot metProduct development contributions did not influence other executives or broader industry.
Commercial successClaimed, not analyzedNot claimed; decision does not analyze this criterion.
ExhibitionsClaimed, not analyzedNot claimed; decision does not analyze this criterion.
JudgingClaimed, not analyzedNot claimed; decision does not analyze this criterion.
MembershipClaimed, not analyzedNot claimed; decision does not analyze this criterion.
Scholarly articlesClaimed, not analyzedNot claimed; decision does not analyze this criterion.
Final meritsNot metBeneficiary did not meet at least three criteria initially; lacks sustained national or international acclaim.

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

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