EB-1AArts, design, architectureEmployerDecided January 2024Dismissed
Outcome: Dismissed
JAN182024_02B2203
High salaryNot metLeading or critical roleNot metPublished materialNot metFinal meritsNot reached / not discussed
Our summary
Executive sous chef in O-1 visa status sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met none of three analyzed criteria: published material lacked evidence of being about him, high salary fell below top earners, and evidence insufficient for leading or critical role finding.
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 · Salary of 71,085 dollars in 2021 fell 10,000 dollars below top 90 percent of head chefs and cooks; general nationwide survey inadequate
- Leading or critical role · Evidence insufficient to establish petitioner performed in leading or critical role for organizations with distinguished reputation
- Published material · Articles and social media posts not about petitioner or his work; TV appearance images do not demonstrate content was about him
Criteria
| Criterion | Reading | Why |
|---|---|---|
 High salary | Not met | Salary of 71,085 dollars in 2021 fell 10,000 dollars below top 90 percent of head chefs and cooks; general nationwide survey inadequate |
 Leading or critical role | Not met | Evidence insufficient to establish petitioner performed in leading or critical role for organizations with distinguished reputation |
 Published material | Not met | Articles and social media posts not about petitioner or his work; TV appearance images do not demonstrate content was about him |
 Final merits | Not reached / not discussed | Petitioner failed to meet minimum three evidentiary criteria; extraordinary ability designation extremely restrictive and reserved for small percentage |
A published decision describes one case. It is not legal advice and not a prediction for yours.