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EB-1ABusiness and managementIndividualDecided June 2021Dismissed

Outcome: Dismissed

JUN082021_02B2203

Leading or critical roleMetAwardsNot metMembershipNot metHigh salaryClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

Business executive and company founder in China claimed six evidentiary criteria for extraordinary ability. AAO found one criterion met but concluded petitioner failed to satisfy the three-criterion threshold and lacks sustained national or international acclaim required for EB-1A classification.

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

  • Leading or critical role · Petitioner's role as chairman and general manager of founded company established

What was missing

  • Awards · Awards identified were company awards, not to the petitioner personally
  • Membership · Association membership did not require outstanding achievement as judged by independent experts
  • Final merits · Failed to demonstrate sustained national or international acclaim or top field position

Criteria

CriterionReadingWhy
Leading or critical roleMetPetitioner's role as chairman and general manager of founded company established
AwardsNot metAwards identified were company awards, not to the petitioner personally
MembershipNot metAssociation membership did not require outstanding achievement as judged by independent experts
High salaryClaimed, not analyzedClaimed but not analyzed
Original contributionsClaimed, not analyzedClaimed but not analyzed
Published materialClaimed, not analyzedClaimed but not analyzed
Final meritsNot metFailed to demonstrate sustained national or international acclaim or top field position

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

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