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EB-1AEnergy and climateIndividualDecided December 2022Dismissed

Outcome: Dismissed

DEC092022_01B2203

JudgingMetScholarly articlesMetAwardsNot metHigh salaryNot metLeading or critical roleNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Oil and gas construction specialist with master's degree sought EB-1A classification. Petitioner claimed five criteria; service center found two met (judging, scholarly articles). AAO affirmed two criteria met but found petitioner did not demonstrate extraordinary ability—lacking the sustained national or international acclaim required for the very top tier of the 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

  • Judging · Service center determination accepted; petitioner participated as judge.
  • Scholarly articles · Service center determination accepted; authorship in professional publications established.

What was missing

  • Awards · No major internationally recognized award established.
  • High salary · Not adequately addressed; appellant failed to establish extraordinary income level.
  • Leading or critical role · Organizations did not have distinguished reputation; roles not established for proper entities.
  • Original contributions · Contributions did not rise to major significance in field; appeal abandoned through inadequate argumentation.
  • Final merits · Even with two criteria met, petitioner lacked sustained national or international acclaim at top of field.

Criteria

CriterionReadingWhy
JudgingMetService center determination accepted; petitioner participated as judge.
Scholarly articlesMetService center determination accepted; authorship in professional publications established.
AwardsNot metNo major internationally recognized award established.
High salaryNot metNot adequately addressed; appellant failed to establish extraordinary income level.
Leading or critical roleNot metOrganizations did not have distinguished reputation; roles not established for proper entities.
Original contributionsNot metContributions did not rise to major significance in field; appeal abandoned through inadequate argumentation.
Final meritsNot metEven with two criteria met, petitioner lacked sustained national or international acclaim at top of field.

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

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