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EB-1AOtherIndividualDecided April 2022Dismissed

Outcome: Dismissed

APR292022_01B2203

Leading or critical roleMetPublished materialMetMembershipNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A Chinese company manager petitioned for EB-1A classification claiming extraordinary ability. The applicant met two criteria (published material and leading role) but not the three required. On appeal, the membership criterion was rejected because the associations did not require outstanding achievements. The appeal was dismissed.

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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

  • Leading or critical role · Director found criterion met; AAO agreed with this determination
  • Published material · Director found criterion met; AAO agreed with this determination

What was missing

  • Membership · Associations did not require outstanding achievements judged by recognized experts
  • Final merits · Does not show sustained national or international acclaim; skilled manager but not top of field

Criteria

CriterionReadingWhy
Leading or critical roleMetDirector found criterion met; AAO agreed with this determination
Published materialMetDirector found criterion met; AAO agreed with this determination
MembershipNot metAssociations did not require outstanding achievements judged by recognized experts
AwardsClaimed, not analyzedNo major internationally recognized award claimed or analyzed
Commercial successClaimed, not analyzedCriterion not claimed or analyzed
ExhibitionsClaimed, not analyzedCriterion not claimed or analyzed
High salaryClaimed, not analyzedClaimed initially but waived on appeal; not addressed
JudgingClaimed, not analyzedCriterion not claimed or analyzed
Original contributionsClaimed, not analyzedCriterion not claimed or analyzed
Scholarly articlesClaimed, not analyzedCriterion not claimed or analyzed
Final meritsNot metDoes not show sustained national or international acclaim; skilled manager but not top of field

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

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