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EB-1ABusiness and managementIndividualDecided 2018Dismissed

Outcome: Dismissed

FEB272018_03B2203

Published materialMetHigh salaryNot metLeading or critical roleNot metAwardsClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot reached / not discussed

Our summary

Technological entrepreneur seeks EB-1A extraordinary ability classification in business. Claimed three criteria including published material, critical role, and high salary. AAO affirmed published material was met but rejected critical role and high salary claims as lacking substantiation. Appeal dismissed because petitioner failed to satisfy three required initial criteria.

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

  • Published material · Petitioner established published material criterion through media articles

What was missing

  • High salary · Failed to document earnings adequately or compare to peers in field
  • Leading or critical role · Did not demonstrate significant importance of contributions to organizations

Criteria

CriterionReadingWhy
Published materialMetPetitioner established published material criterion through media articles
High salaryNot metFailed to document earnings adequately or compare to peers in field
Leading or critical roleNot metDid not demonstrate significant importance of contributions to organizations
AwardsClaimed, not analyzedClaimed but not analyzed as initial evidence criterion
MembershipClaimed, not analyzedClaimed but not analyzed
Original contributionsClaimed, not analyzedPetitioner withdrew this claim on appeal
Final meritsNot reached / not discussedDid not meet three criteria threshold; final merits not reached

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

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