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EB-1ACivil and environmental engineeringIndividualDecided 2018Dismissed

Outcome: Dismissed

JAN302018_01B2203

JudgingMetLeading or critical roleMetHigh salaryNot metOriginal contributionsNot metScholarly articlesNot metCommercial successClaimed, not analyzedFinal meritsNot met

Our summary

Civil engineer in petroleum industry claimed extraordinary ability through five criteria including original contributions, scholarly articles, high salary, and commercial success. Director found two criteria met; AAO affirmed only judging and leading role criteria. Rejected original contributions, scholarly articles, and high salary for insufficient evidence. Appeal dismissed.

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

  • Judging · Participation as judge of others' work in same field established
  • Leading or critical role · Leading or critical role in organizations with distinguished reputation established

What was missing

  • High salary · Employment contract lacking original language document; insufficient evidence of high salary relative to field
  • Original contributions · Presentations lack evidence of frequent citation or significant impact on field
  • Scholarly articles · Reports not demonstrated to appear in professional or major trade publications
  • Final merits · Record does not support finding of required level of expertise for classification

Criteria

CriterionReadingWhy
JudgingMetParticipation as judge of others' work in same field established
Leading or critical roleMetLeading or critical role in organizations with distinguished reputation established
High salaryNot metEmployment contract lacking original language document; insufficient evidence of high salary relative to field
Original contributionsNot metPresentations lack evidence of frequent citation or significant impact on field
Scholarly articlesNot metReports not demonstrated to appear in professional or major trade publications
Commercial successClaimed, not analyzedClaimed but not analyzed in decision
Final meritsNot metRecord does not support finding of required level of expertise for classification

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

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