Outcome: Dismissed
APR292022_01B2203
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.
Official PDF
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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
| Criterion | Reading | Why |
|---|---|---|
| Met | Director found criterion met; AAO agreed with this determination | |
| Met | Director found criterion met; AAO agreed with this determination | |
| Not met | Associations did not require outstanding achievements judged by recognized experts | |
| Claimed, not analyzed | No major internationally recognized award claimed or analyzed | |
| Claimed, not analyzed | Criterion not claimed or analyzed | |
| Claimed, not analyzed | Criterion not claimed or analyzed | |
| Claimed, not analyzed | Claimed initially but waived on appeal; not addressed | |
| Claimed, not analyzed | Criterion not claimed or analyzed | |
| Claimed, not analyzed | Criterion not claimed or analyzed | |
| Claimed, not analyzed | Criterion not claimed or analyzed | |
| Not met | Does 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.
