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EB-1ABusiness and managementIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN092023_01B2203

JudgingMetAwardsNot metHigh salaryNot metLeading or critical roleNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Plant accountant sought EB-1A extraordinary ability classification in business. AAO found petitioner met only judging criterion but lacked sustained national or international acclaim required for extraordinary ability. Appeal dismissed; petitioner did not qualify for highly restrictive visa classification intended for individuals at top of field.

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 · Petitioner established she judged work of others through employment reviewing others' materials.

What was missing

  • Awards · No evidence of major, internationally recognized award presented.
  • High salary · Director's finding withdrawn; salary evidence insufficient for extraordinary ability.
  • Leading or critical role · Director's finding withdrawn; criterion not ultimately met upon review.
  • Membership · Petitioner did not establish membership in association requiring outstanding achievements.
  • Original contributions · Contributions lacked major significance; evidence insufficient to show impact on entire field.
  • Final merits · Even meeting judging criterion, evidence insufficient to show sustained national or international acclaim or top-tier status.

Criteria

CriterionReadingWhy
JudgingMetPetitioner established she judged work of others through employment reviewing others' materials.
AwardsNot metNo evidence of major, internationally recognized award presented.
High salaryNot metDirector's finding withdrawn; salary evidence insufficient for extraordinary ability.
Leading or critical roleNot metDirector's finding withdrawn; criterion not ultimately met upon review.
MembershipNot metPetitioner did not establish membership in association requiring outstanding achievements.
Original contributionsNot metContributions lacked major significance; evidence insufficient to show impact on entire field.
Final meritsNot metEven meeting judging criterion, evidence insufficient to show sustained national or international acclaim or top-tier status.

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

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