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EB-1AComputer science and AIEmployerDecided July 2021Dismissed

Outcome: Dismissed

JUL072021_01B2203

High salaryMetLeading or critical roleMetMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

A senior product manager in cloud computing sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of three minimum criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

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 · Director found criterion met; AAO affirmed this finding on appeal
  • Leading or critical role · Director found criterion met; AAO affirmed this finding on appeal

What was missing

  • Membership · Senior IEEE membership does not demonstrate outstanding achievement; requirements show significant performance but not exceptional achievement
  • Original contributions · Tool development lacks evidence of major significance; no showing of widespread implementation or field impact
  • Final merits · Petitioner lacks sustained national or international acclaim and is not among very few at top of field

Criteria

CriterionReadingWhy
High salaryMetDirector found criterion met; AAO affirmed this finding on appeal
Leading or critical roleMetDirector found criterion met; AAO affirmed this finding on appeal
MembershipNot metSenior IEEE membership does not demonstrate outstanding achievement; requirements show significant performance but not exceptional achievement
Original contributionsNot metTool development lacks evidence of major significance; no showing of widespread implementation or field impact
Final meritsNot metPetitioner lacks sustained national or international acclaim and is not among very few at top of field

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

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