EB-1AComputer science and AIIndividualDecided 2013Dismissed
Outcome: Dismissed
JUL192013_03B2203
Scholarly articlesMetHigh salaryNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met
Our summary
A software engineer sought EB-1A classification. The AAO found only one criterion met. Patents did not demonstrate impact, salary comparison was improper, and the aggregate evidence did not establish sustained acclaim or top tier status despite some individual accomplishments.
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
- Scholarly articles · Director determined criterion met; AAO sustained this finding
What was missing
- High salary · AAO withdrew director favorable determination; comparison to related but distinct occupation improper
- Original contributions · Patents indicative of originality but do not demonstrate impact; inclusion in two university curricula insufficient for major significance
- Published material · Commercial publication and citation by other scholars insufficient; director found failure; petitioner did not contest on appeal
- Final merits · Evidence in aggregate does not establish sustained national or international acclaim or top tier status in software engineering
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Scholarly articles | Met | Director determined criterion met; AAO sustained this finding |
 High salary | Not met | AAO withdrew director favorable determination; comparison to related but distinct occupation improper |
 Original contributions | Not met | Patents indicative of originality but do not demonstrate impact; inclusion in two university curricula insufficient for major significance |
 Published material | Not met | Commercial publication and citation by other scholars insufficient; director found failure; petitioner did not contest on appeal |
 Final merits | Not met | Evidence in aggregate does not establish sustained national or international acclaim or top tier status in software engineering |
A published decision describes one case. It is not legal advice and not a prediction for yours.