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EB-1AArts, design, architectureIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG022023_03B2203

AwardsNot metCommercial successNot metOriginal contributionsNot metExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A pastry chef self-petitioner sought EB-1A classification based on extraordinary ability. The petitioner claimed four criteria on appeal. The AAO found the petitioner failed to meet three criteria initially required and did not reach additional claimed criteria. No evidence demonstrated sustained national or international acclaim or top-of-field status.

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Awards · No evidence of major internationally recognized award submitted
  • Commercial success · Website does not qualify as professional or major media publication
  • Original contributions · Letters from employers insufficient; contributions not adopted beyond employer
  • Final merits · Record does not demonstrate sustained national or international acclaim

Criteria

CriterionReadingWhy
AwardsNot metNo evidence of major internationally recognized award submitted
Commercial successNot metWebsite does not qualify as professional or major media publication
Original contributionsNot metLetters from employers insufficient; contributions not adopted beyond employer
ExhibitionsClaimed, not analyzedCriterion claimed on appeal but not analyzed by AAO
High salaryClaimed, not analyzedCriterion claimed on appeal; not reached due to failure of initial requirement
JudgingClaimed, not analyzedCriterion claimed on appeal but not analyzed by AAO
Leading or critical roleClaimed, not analyzedCriterion claimed on appeal; not reached due to failure of initial requirement
MembershipClaimed, not analyzedCriterion claimed on appeal but not analyzed by AAO
Published materialClaimed, not analyzedCriterion claimed on appeal but not analyzed by AAO
Scholarly articlesClaimed, not analyzedCriterion claimed on appeal but not analyzed by AAO
Final meritsNot metRecord does not demonstrate sustained national or international acclaim

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

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