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EB-1ASoftware engineeringEmployerDecided April 2020Dismissed

Outcome: Dismissed

APR232020_10B2203

High salaryMetOriginal contributionsMetLeading or critical roleNot metFinal meritsNot met

Our summary

A software engineer at a self-driving vehicle company sought EB-1A classification. The petitioner claimed original contributions, leading role, and high salary. The AAO found only two criteria met (contributions and salary); the leading role claim failed because project leadership does not equal organizational leadership. The appeal was 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

  • High salary · Director found criterion satisfied; decision does not disturb this finding.
  • Original contributions · Director found criterion satisfied; decision does not disturb this finding.

What was missing

  • Leading or critical role · Central role in projects does not constitute leading or critical role at organization level.
  • Final merits · Record does not demonstrate sustained national or international acclaim or top of field status.

Criteria

CriterionReadingWhy
High salaryMetDirector found criterion satisfied; decision does not disturb this finding.
Original contributionsMetDirector found criterion satisfied; decision does not disturb this finding.
Leading or critical roleNot metCentral role in projects does not constitute leading or critical role at organization level.
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or top of field status.

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

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