O-1AArts, design, architectureEmployerDecided June 2022Dismissed
Outcome: Dismissed
JUN222022_01D8101
AwardsNot metHigh salaryNot metLeading or critical roleNot metPublished materialNot metJudgingClaimed, not analyzedMembershipClaimed, not analyzedFinal meritsNot met
Our summary
A boutique pastry shop petitioned to classify its executive head pastry chef under O-1A extraordinary ability. The beneficiary claimed five criteria. The AAO found recommendation letters do not constitute required evidentiary forms, online publication does not meet major publication standard, and salary evidence was insufficient, dismissing the appeal.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Awards · No nomination for or receipt of significant national or international award demonstrated.
- High salary · Unsigned job offer at $45,000 not reliable evidence; no contract provided; salary comparison not shown for executive head pastry chef position.
- Leading or critical role · Recommendation letters do not constitute critical reviews, advertisements, publicity releases, or endorsements as required.
- Published material · Article posted online; website major standing not established; does not meet major newspapers or trade journals standard.
- Final merits · Beneficiary failed to satisfy minimum three criteria; no totality determination reached.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Not met | No nomination for or receipt of significant national or international award demonstrated. |
 High salary | Not met | Unsigned job offer at $45,000 not reliable evidence; no contract provided; salary comparison not shown for executive head pastry chef position. |
 Leading or critical role | Not met | Recommendation letters do not constitute critical reviews, advertisements, publicity releases, or endorsements as required. |
 Published material | Not met | Article posted online; website major standing not established; does not meet major newspapers or trade journals standard. |
 Judging | Claimed, not analyzed | Claimed on appeal but not reached because applicant failed to satisfy three initial criteria. |
 Membership | Claimed, not analyzed | Claimed on appeal but not reached because applicant failed to satisfy three initial criteria. |
 Final merits | Not met | Beneficiary failed to satisfy minimum three criteria; no totality determination reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.