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EB-1AComputer science and AIIndividualDecided July 2026Dismissed

Outcome: Dismissed

JUL062026_01B2203

JudgingMetHigh salaryNot metLeading or critical roleNot metMembershipNot metScholarly articlesNot metOriginal contributionsClaimed, not analyzedFinal meritsNot reached / not discussed

Our summary

A computer science engineer in management positions sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner failed to meet three required evidentiary criteria, and declined to reach the final merits determination.

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 · SCOPS determined criterion met; decision notes this but reserves any final merits determination.

What was missing

  • High salary · Petitioner failed to submit objective earnings data showing base salary exceeds others performing similar work in same period.
  • Leading or critical role · Petitioner did not meet requirements; AAO disagreed with SCOPS phrasing but reached same conclusion on different grounds.
  • Membership · Fellowship-level membership lacks evidence that judges are nationally or internationally recognized as regulation requires.
  • Scholarly articles · Articles do not appear in professional, major trade publications, or major media as criterion requires.

Criteria

CriterionReadingWhy
JudgingMetSCOPS determined criterion met; decision notes this but reserves any final merits determination.
High salaryNot metPetitioner failed to submit objective earnings data showing base salary exceeds others performing similar work in same period.
Leading or critical roleNot metPetitioner did not meet requirements; AAO disagreed with SCOPS phrasing but reached same conclusion on different grounds.
MembershipNot metFellowship-level membership lacks evidence that judges are nationally or internationally recognized as regulation requires.
Scholarly articlesNot metArticles do not appear in professional, major trade publications, or major media as criterion requires.
Original contributionsClaimed, not analyzedClaimed but not analyzed; decision reserves this criterion pending resolution of other bases.
Final meritsNot reached / not discussedDecision reserves final merits determination; petitioner failed to meet three initial criteria threshold.

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

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