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EB-1ABusiness and managementIndividualDecided 2016Dismissed

Outcome: Dismissed

FEB192016_02B2203

High salaryNot metLeading or critical roleClaimed, not analyzedFinal meritsNot met

Our summary

Fashion merchandiser and purchaser sought EB-1A classification. Petitioner asserted leading and critical role criterion initially but abandoned it, then claimed only high salary criterion on appeal. AAO held salary criterion not met and found petitioner failed to establish three criteria or one-time achievement.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • High salary · Job offer of $80,640 does not demonstrate that salary is extremely high or provides significantly high remuneration.
  • Final merits · Aggregate review does not establish level of expertise indicating one of small percentage at very top of field.

Criteria

CriterionReadingWhy
High salaryNot metJob offer of $80,640 does not demonstrate that salary is extremely high or provides significantly high remuneration.
Leading or critical roleClaimed, not analyzedClaimed in initial filing but abandoned in RFE response and on appeal.
Final meritsNot metAggregate review does not establish level of expertise indicating one of small percentage at very top of field.

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

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