EB-1ACivil and environmental engineeringIndividualDecided April 2021Dismissed
Outcome: Dismissed
APR212021_02B2203
JudgingMetScholarly articlesMetAwardsNot metLeading or critical roleNot metMembershipNot metOriginal contributionsNot metExhibitionsClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met
Our summary
A civil engineer claimed extraordinary ability for EB-1A based on eight regulatory criteria. The AAO found he satisfied only two criteria (judging and scholarly articles), below the three required, and failed the final merits test for sustained acclaim at the top of the field.
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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 found criterion met; AAO agreed and did not disturb.
- Scholarly articles · Director found criterion met; AAO agreed and did not disturb.
What was missing
- Awards · Plaque from employer not a major, internationally recognized award; waived on appeal.
- Leading or critical role · No high rank or leadership position demonstrated; roles not shown as leading or critical.
- Membership · Certificates of ASCE, SAICE, BIE, NSE membership lack evidence of requiring outstanding achievements.
- Original contributions · Doctoral research cited with unsupported claims; no special attention beyond conference attendees shown.
- Final merits · Does not show sustained national or international acclaim or place at very top of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Director found criterion met; AAO agreed and did not disturb. |
 Scholarly articles | Met | Director found criterion met; AAO agreed and did not disturb. |
 Awards | Not met | Plaque from employer not a major, internationally recognized award; waived on appeal. |
 Leading or critical role | Not met | No high rank or leadership position demonstrated; roles not shown as leading or critical. |
 Membership | Not met | Certificates of ASCE, SAICE, BIE, NSE membership lack evidence of requiring outstanding achievements. |
 Original contributions | Not met | Doctoral research cited with unsupported claims; no special attention beyond conference attendees shown. |
 Exhibitions | Claimed, not analyzed | Claimed but not analyzed; petitioner waived this claim. |
 Published material | Claimed, not analyzed | Claimed but not analyzed; petitioner waived this claim. |
 Final merits | Not met | Does not show sustained national or international acclaim or place at very top of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.