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EB-1AMechanical and aerospace engineeringEmployerDecided 2019Dismissed

Outcome: Dismissed

JUN182019_02B2203

High salaryMetScholarly articlesMetLeading or critical roleNot metOriginal contributionsNot metAwardsClaimed, not analyzedJudgingClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

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

CriterionReadingWhy
High salaryMetEvidence demonstrates salary significantly higher than others in field
Scholarly articlesMetEvidence establishes authorship of two articles in professional journal
Leading or critical roleNot metRole not critical to organization success; research impact not yet established
Original contributionsNot metPatent and letters show productive team member but not major significance contributions
AwardsClaimed, not analyzedClaimed but not analyzed
JudgingClaimed, not analyzedClaimed but not analyzed
MembershipClaimed, not analyzedClaimed but not analyzed
Published materialClaimed, not analyzedClaimed but not analyzed
Final meritsNot metOnly 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.

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