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EB-1ABusiness and managementIndividualDecided December 2019Dismissed

Outcome: Dismissed

DEC302019_01B2203

High salaryMetLeading or critical roleMetJudgingNot metMembershipNot metOriginal contributionsNot metPublished materialNot metScholarly articlesNot metFinal meritsNot met

Our summary

A human resources manager at a cryptocurrency finance company sought EB-1A extraordinary ability classification. Petitioner claimed seven criteria; director found two met. AAO affirmed, rejecting membership in professional associations, judging participation, and scholarly articles as insufficiently documented, and found the aggregate record did not demonstrate the sustained acclaim required.

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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

  • High salary · Director found petitioner satisfied this criterion commanding high remuneration
  • Leading or critical role · Director found petitioner satisfied this criterion as head of people at financial company

What was missing

  • Judging · Ambassador program interviews do not constitute judging specific work product like dissertations
  • Membership · Mentoring program and ambassador program are not associations requiring outstanding achievements judged by experts
  • Original contributions · Director found this criterion not satisfied; petitioner did not rebut on appeal
  • Published material · Director found this criterion not satisfied; petitioner did not rebut on appeal
  • Scholarly articles · Articles in Data Driven Investor do not qualify as scholarly articles in major publications
  • Final merits · Record does not support finding of sustained national or international acclaim required

Criteria

CriterionReadingWhy
High salaryMetDirector found petitioner satisfied this criterion commanding high remuneration
Leading or critical roleMetDirector found petitioner satisfied this criterion as head of people at financial company
JudgingNot metAmbassador program interviews do not constitute judging specific work product like dissertations
MembershipNot metMentoring program and ambassador program are not associations requiring outstanding achievements judged by experts
Original contributionsNot metDirector found this criterion not satisfied; petitioner did not rebut on appeal
Published materialNot metDirector found this criterion not satisfied; petitioner did not rebut on appeal
Scholarly articlesNot metArticles in Data Driven Investor do not qualify as scholarly articles in major publications
Final meritsNot metRecord does not support finding of sustained national or international acclaim required

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

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