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EB-1AMechanical and aerospace engineeringIndividualDecided 2015Dismissed

Outcome: Dismissed

FEB102015_01B2203

JudgingMetMembershipNot metAwardsClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

An engineer sought EB-1A classification claiming three criteria. The AAO found the petitioner met the judging criterion but not the membership criterion; evidence of only one criterion is insufficient. Even in aggregate, evidence did not demonstrate the expertise required for extraordinary ability.

Official PDF

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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

  • Judging · Director found evidence of participation as judge; AAO agreed despite translation issues.

What was missing

  • Membership · Membership based on certification or employment does not require outstanding achievements as judged by national or international experts.
  • Final merits · Despite meeting one criterion, evidence in aggregate does not demonstrate required expertise level for extraordinary ability classification.

Criteria

CriterionReadingWhy
JudgingMetDirector found evidence of participation as judge; AAO agreed despite translation issues.
MembershipNot metMembership based on certification or employment does not require outstanding achievements as judged by national or international experts.
AwardsClaimed, not analyzedNot claimed; not analyzed in decision.
Original contributionsClaimed, not analyzedNot claimed; not analyzed in decision.
Published materialClaimed, not analyzedNot claimed; not analyzed in decision.
Scholarly articlesClaimed, not analyzedNot claimed; not analyzed in decision.
Final meritsNot metDespite meeting one criterion, evidence in aggregate does not demonstrate required expertise level for extraordinary ability classification.

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

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