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EB-1AComputer science and AIEmployerDecided January 2025Dismissed

Outcome: Dismissed

JAN282025_01B2203

High salaryMetLeading or critical roleMetAwardsNot metOriginal contributionsNot metPublished materialNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedJudgingClaimed, not analyzedMembershipClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A gaming electronics company sought extraordinary ability classification for a foreign game design lead, claiming five criteria. The AAO found two criteria met (leading role and high salary) but rejected awards and published material claims and found insufficient sustained individual acclaim, dismissing the appeal for failing the three-criterion threshold.

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

  • High salary · Evidence demonstrated high remuneration for beneficiary's services as game design lead.
  • Leading or critical role · Beneficiary held leading or critical role as lead design director at major gaming company with distinguished reputation.

What was missing

  • Awards · Beneficiary not individually named as recipient of awards; games received awards but design role not specifically honored.
  • Original contributions · Original contributions of major significance not adequately demonstrated in record.
  • Published material · Materials about beneficiary in major trade publications or major media not sufficiently established; online sources unreliable.
  • Final merits · Record lacks extensive documentation of sustained national or international acclaim at individual level for beneficiary.

Criteria

CriterionReadingWhy
High salaryMetEvidence demonstrated high remuneration for beneficiary's services as game design lead.
Leading or critical roleMetBeneficiary held leading or critical role as lead design director at major gaming company with distinguished reputation.
AwardsNot metBeneficiary not individually named as recipient of awards; games received awards but design role not specifically honored.
Original contributionsNot metOriginal contributions of major significance not adequately demonstrated in record.
Published materialNot metMaterials about beneficiary in major trade publications or major media not sufficiently established; online sources unreliable.
Commercial successClaimed, not analyzedCriterion not claimed or analyzed in decision.
ExhibitionsClaimed, not analyzedCriterion not claimed or analyzed in decision.
JudgingClaimed, not analyzedCriterion not claimed or analyzed in decision.
MembershipClaimed, not analyzedCriterion not claimed or analyzed in decision.
Scholarly articlesClaimed, not analyzedCriterion not claimed or analyzed in decision.
Final meritsNot metRecord lacks extensive documentation of sustained national or international acclaim at individual level for beneficiary.

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

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