EB-1AArts, design, architectureIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG062024_03B2203
JudgingMetHigh salaryNot metLeading or critical roleNot metOriginal contributionsNot metAwardsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met
Our summary
A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.
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
- Judging · Director found petitioner met judging criterion; AAO did not disturb this finding
What was missing
- High salary · Comparison to average pastry chef salaries insufficient; no comparative compensation data provided
- Leading or critical role · Employer organization reputation not documented; petitioner failed to provide requested evidence after RFE
- Original contributions · Contributions not shown to be of major significance; praise letters generic and lacked author contact information
- Final merits · Petitioner has not demonstrated sustained national or international acclaim or place among small percentage at top
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Director found petitioner met judging criterion; AAO did not disturb this finding |
 High salary | Not met | Comparison to average pastry chef salaries insufficient; no comparative compensation data provided |
 Leading or critical role | Not met | Employer organization reputation not documented; petitioner failed to provide requested evidence after RFE |
 Original contributions | Not met | Contributions not shown to be of major significance; praise letters generic and lacked author contact information |
 Awards | Claimed, not analyzed | Petitioner did not claim or establish receipt of major internationally recognized award |
 Published material | Claimed, not analyzed | Claimed but not analyzed |
 Scholarly articles | Claimed, not analyzed | Claimed but not analyzed |
 Final merits | Not met | Petitioner has not demonstrated sustained national or international acclaim or place among small percentage at top |
A published decision describes one case. It is not legal advice and not a prediction for yours.