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EB-1AComputer science and AIIndividualDecided 2026Dismissed

Outcome: Dismissed

FEB102026_01B2203

JudgingMetScholarly articlesMetAwardsNot metHigh salaryNot metLeading or critical roleNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot reached / not discussed

Our summary

Chief technology officer sought EB-1A extraordinary ability classification. Met only two of ten evidentiary criteria after multiple appeals. AAO dismissed motion to reopen and reconsider, finding petitioner failed to establish three required criteria and did not identify legal errors in prior decisions.

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 · Satisfies criterion of judging others' work in field
  • Scholarly articles · Record satisfies criterion at 8 CFR 204.5(h)(3)(vi)

What was missing

  • Awards · No major internationally recognized award demonstrated
  • High salary · Single paystub provides little insight into field-wide salary comparison
  • Leading or critical role · Conclusory SCOPS statement insufficient to satisfy criterion
  • Original contributions · Research papers show contributions but not major significance
  • Published material · Record does not support this criterion

Criteria

CriterionReadingWhy
JudgingMetSatisfies criterion of judging others' work in field
Scholarly articlesMetRecord satisfies criterion at 8 CFR 204.5(h)(3)(vi)
AwardsNot metNo major internationally recognized award demonstrated
High salaryNot metSingle paystub provides little insight into field-wide salary comparison
Leading or critical roleNot metConclusory SCOPS statement insufficient to satisfy criterion
Original contributionsNot metResearch papers show contributions but not major significance
Published materialNot metRecord does not support this criterion
Final meritsNot reached / not discussedNot reached due to failure to meet three criteria minimum

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

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