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EB-1AArts, design, architectureIndividualDecided 2020Dismissed

Outcome: Dismissed

APR232020_18B2203

Leading or critical roleMetAwardsNot metExhibitionsNot metHigh salaryNot metPublished materialNot metCommercial successClaimed, not analyzedJudgingClaimed, not analyzedMembershipClaimed, not analyzedFinal meritsNot met

Our summary

Chef sought EB-1A extraordinary ability classification claiming six criteria initially, then four on appeal. AAO affirmed director's finding that petitioner met only one criterion and failed to establish three required. On final merits, petitioner lacks sustained national or international acclaim and does not rise to very top of culinary field.

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

  • Leading or critical role · Director found petitioner met criterion for executive chef role

What was missing

  • Awards · No major internationally recognized award established
  • Exhibitions · Participation in Ultimate Chef Showdown insufficient for criterion
  • High salary · No comparative earning data provided to show salary high relative to field
  • Published material · Articles from Italian publications not confirmed about petitioner
  • Final merits · No sustained national or international acclaim; not among small percentage at top

Criteria

CriterionReadingWhy
Leading or critical roleMetDirector found petitioner met criterion for executive chef role
AwardsNot metNo major internationally recognized award established
ExhibitionsNot metParticipation in Ultimate Chef Showdown insufficient for criterion
High salaryNot metNo comparative earning data provided to show salary high relative to field
Published materialNot metArticles from Italian publications not confirmed about petitioner
Commercial successClaimed, not analyzedClaimed but not analyzed; petitioner waived this criterion
JudgingClaimed, not analyzedClaimed but not analyzed in decision
MembershipClaimed, not analyzedClaimed but not analyzed; petitioner waived this criterion
Final meritsNot metNo sustained national or international acclaim; not among small percentage at top

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

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