EB-1ABusiness and managementIndividualDecided December 2024Dismissed
Outcome: Dismissed
DEC182024_01B2203
Leading or critical roleMetHigh salaryNot metJudgingClaimed, not analyzedFinal meritsNot reached / not discussed
Our summary
CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.
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
- Leading or critical role · Director found petitioner performed in leading or critical role; not disturbed on appeal
What was missing
- High salary · Salary comparison data insufficient; no valid percentile or range showing significant differential
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Leading or critical role | Met | Director found petitioner performed in leading or critical role; not disturbed on appeal |
 High salary | Not met | Salary comparison data insufficient; no valid percentile or range showing significant differential |
 Judging | Claimed, not analyzed | Claimed but not analyzed; decision reserved issue as two criteria insufficient |
 Final merits | Not reached / not discussed | Failed to meet minimum three criteria requirement; final merits step not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.