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EB-1ABusiness and managementIndividualDecided 2020Dismissed

Outcome: Dismissed

APR232020_12B2203

JudgingMetLeading or critical roleMetScholarly articlesMetAwardsNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

A business executive in China sought EB-1A extraordinary ability classification. She claimed six criteria and the AAO found three met. However, the decision rejected the final merits determination, holding she lacked sustained national or international acclaim and was not among the small percentage at the top of her field, though she held a high-ranking corporate position.

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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 satisfied; decision did not disturb this finding
  • Leading or critical role · Decision found petitioner demonstrated leading role for distinguished organizations
  • Scholarly articles · Director found criterion satisfied; decision did not disturb this finding

What was missing

  • Awards · No major internationally recognized award; provincial-level recognition insufficient
  • Final merits · Decision found petitioner failed to demonstrate sustained national or international acclaim or place at top of field

Criteria

CriterionReadingWhy
JudgingMetDirector found criterion satisfied; decision did not disturb this finding
Leading or critical roleMetDecision found petitioner demonstrated leading role for distinguished organizations
Scholarly articlesMetDirector found criterion satisfied; decision did not disturb this finding
AwardsNot metNo major internationally recognized award; provincial-level recognition insufficient
Commercial successClaimed, not analyzedNot claimed or discussed
ExhibitionsClaimed, not analyzedNot claimed or discussed
High salaryClaimed, not analyzedNot claimed or discussed
MembershipClaimed, not analyzedClaimed but not analyzed in decision
Original contributionsClaimed, not analyzedClaimed but not analyzed in decision
Published materialClaimed, not analyzedClaimed but not analyzed in decision
Final meritsNot metDecision found petitioner failed to demonstrate sustained national or international acclaim or place at top of field

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

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