Outcome: Dismissed
JUN092023_01B2203
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- High salary · Director's finding withdrawn; salary evidence insufficient for extraordinary ability.
- Leading or critical role · Director's finding withdrawn; criterion not ultimately met upon review.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
| Criterion | Reading | Why |
|---|---|---|
| Met | Petitioner established she judged work of others through employment reviewing others' materials. | |
| Not met | No evidence of major, internationally recognized award presented. | |
| Not met | Director's finding withdrawn; salary evidence insufficient for extraordinary ability. | |
| Not met | Director's finding withdrawn; criterion not ultimately met upon review. | |
| Not met | Petitioner did not establish membership in association requiring outstanding achievements. | |
| Not met | Contributions lacked major significance; evidence insufficient to show impact on entire field. | |
| Not met | Even 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.
