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EB-1AComputer science and AIEmployerDecided April 2021Dismissed

Outcome: Dismissed

APR212021_03B2203

High salaryMetLeading or critical roleMetScholarly articlesMetFinal meritsNot met

Our summary

A computer hardware and software engineer employed by a development company met three initial evidentiary criteria but failed the final merits determination. The AAO found that while scholarly articles showed field notice and letters demonstrated regard among colleagues, this did not establish sustained national or international acclaim or top percentage status required for extraordinary ability classification.

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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

  • High salary · Director found beneficiary met criterion for high salary in relation to others in field
  • Leading or critical role · Director found beneficiary met criterion for performance in leading or critical role
  • Scholarly articles · Director found beneficiary met criterion for authorship of scholarly articles

What was missing

  • Final merits · Record does not establish sustained national or international acclaim or small percentage status at very top of field despite meeting three initial criteria

Criteria

CriterionReadingWhy
High salaryMetDirector found beneficiary met criterion for high salary in relation to others in field
Leading or critical roleMetDirector found beneficiary met criterion for performance in leading or critical role
Scholarly articlesMetDirector found beneficiary met criterion for authorship of scholarly articles
Final meritsNot metRecord does not establish sustained national or international acclaim or small percentage status at very top of field despite meeting three initial criteria

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

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