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EB-1ALaw, policy, social scienceIndividualDecided July 2022Remanded

Outcome: Remanded

JUL182022_01B2203

AwardsClaimed, not analyzedJudgingClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot reached / not discussed

Our summary

An attorney specializing in international dispute resolution and arbitration claimed EB-1A classification. The Director improperly dismissed the petition without analyzing evidentiary criteria, wrongly concluding attorneys fall outside extraordinary ability categories. The AAO found the petitioner's work in international arbitration falls within the business field and remanded for proper evaluation of claimed criteria.

Official PDF

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
AwardsClaimed, not analyzedClaimed but not analyzed by Director; remand required for proper evaluation.
JudgingClaimed, not analyzedClaimed but not analyzed by Director; remand required for proper evaluation.
MembershipClaimed, not analyzedClaimed but not analyzed by Director; remand required for proper evaluation.
Original contributionsClaimed, not analyzedClaimed but not analyzed by Director; remand required for proper evaluation.
Published materialClaimed, not analyzedClaimed but not analyzed by Director; remand required for proper evaluation.
Scholarly articlesClaimed, not analyzedClaimed but not analyzed by Director; remand required for proper evaluation.
Final meritsNot reached / not discussedDirector did not evaluate whether petitioner meets three criteria or sustained acclaim threshold.

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

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