Outcome: Dismissed
FEB102026_01B2203
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
| Criterion | Reading | Why |
|---|---|---|
| Met | Satisfies criterion of judging others' work in field | |
| Met | Record satisfies criterion at 8 CFR 204.5(h)(3)(vi) | |
| Not met | No major internationally recognized award demonstrated | |
| Not met | Single paystub provides little insight into field-wide salary comparison | |
| Not met | Conclusory SCOPS statement insufficient to satisfy criterion | |
| Not met | Research papers show contributions but not major significance | |
| Not met | Record does not support this criterion | |
| Not reached / not discussed | Not 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.
