Outcome: Dismissed
FEB022018_01B2203
Our summary
Data scientist employed by software company for agricultural analytics sought EB-1A classification. Petitioner claimed seven criteria and argued three were met. AAO found three criteria satisfied but determined evidence does not demonstrate sustained national or international acclaim or small percentage status required for extraordinary ability.
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 and AAO found criterion satisfied
- Leading or critical role · Evidence shows critical role for distinguished organization
- Scholarly articles · Director and AAO found criterion satisfied
What was missing
- Awards · No major internationally recognized award established
- Original contributions · Claimed but evidence does not demonstrate major significance
- Published material · Comparable evidence not demonstrated for published material criterion
- Final merits · Record does not demonstrate sustained acclaim or top percentage status
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director and AAO found criterion satisfied | |
| Met | Evidence shows critical role for distinguished organization | |
| Met | Director and AAO found criterion satisfied | |
| Not met | No major internationally recognized award established | |
| Not met | Claimed but evidence does not demonstrate major significance | |
| Not met | Comparable evidence not demonstrated for published material criterion | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Not met | Record does not demonstrate sustained acclaim or top percentage status |
A published decision describes one case. It is not legal advice and not a prediction for yours.
