Outcome: Dismissed
JUN182019_02B2203
Our summary
Industrial engineer employed as principal engineer sought EB-1A classification. Director found two criteria met (scholarly articles and high salary). Petitioner claimed third criterion regarding critical role; AAO rejected it. Three-criterion threshold not met; final merits not required.
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
- High salary · Evidence demonstrates salary significantly higher than others in field
- Scholarly articles · Evidence establishes authorship of two articles in professional journal
What was missing
- Leading or critical role · Role not critical to organization success; research impact not yet established
- Original contributions · Patent and letters show productive team member but not major significance contributions
- Final merits · Only two criteria met; three-criterion threshold not satisfied
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Evidence demonstrates salary significantly higher than others in field | |
| Met | Evidence establishes authorship of two articles in professional journal | |
| Not met | Role not critical to organization success; research impact not yet established | |
| Not met | Patent and letters show productive team member but not major significance contributions | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Not met | Only two criteria met; three-criterion threshold not satisfied |
A published decision describes one case. It is not legal advice and not a prediction for yours.
