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EB-1AFinance and economicsIndividualDecided January 2022Dismissed

Outcome: Dismissed

JAN242022_01B2203

Leading or critical roleMetAwardsNot metHigh salaryNot metMembershipNot metPublished materialNot metOriginal contributionsClaimed, not analyzedFinal meritsNot met

Our summary

A software developer and financial analyst sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding petitioner met only one of six claimed criteria and lacked evidence of sustained national or international acclaim required at top of field.

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

  • Leading or critical role · Director found petitioner met this criterion; AAO did not disturb this determination

What was missing

  • Awards · CFA charter is occupational credential earned by examination, not a recognized prize or award for excellence
  • High salary · 150,000 annual salary not shown to be indicative of exceptional ability relative to others in field
  • Membership · CFA Institute membership with 170,000 charter holders does not demonstrate required exclusivity and outstanding achievements
  • Published material · Blog post printout does not satisfy regulatory requirements for title, date, author of published material
  • Final merits · Record lacks evidence of sustained national or international acclaim or recognition beyond employer; proprietary work limits field recognition

Criteria

CriterionReadingWhy
Leading or critical roleMetDirector found petitioner met this criterion; AAO did not disturb this determination
AwardsNot metCFA charter is occupational credential earned by examination, not a recognized prize or award for excellence
High salaryNot met150,000 annual salary not shown to be indicative of exceptional ability relative to others in field
MembershipNot metCFA Institute membership with 170,000 charter holders does not demonstrate required exclusivity and outstanding achievements
Published materialNot metBlog post printout does not satisfy regulatory requirements for title, date, author of published material
Original contributionsClaimed, not analyzedClaimed but not analyzed; petitioner abandoned this claim during appeal
Final meritsNot metRecord lacks evidence of sustained national or international acclaim or recognition beyond employer; proprietary work limits field recognition

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

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