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EB-1ALaw, policy, social scienceEmployerDecided 2009Dismissed

Outcome: Dismissed

Jan152009_01B2203

JudgingNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

Attorney in South Africa with counsel representation claimed extraordinary ability. AAO found petitioner successful but lacking sustained national or international acclaim at the very top level. Evidence included article from nine years prior, unpublished court decisions, and solicited letters, none demonstrating the major significance required for the classification.

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

  • Judging · Published judicial decisions involving attorney cannot alone meet criterion; unpublished decisions have no precedential value
  • Original contributions · Counsel-solicited letters carrying less weight than preexisting independent evidence; fail to demonstrate major significance beyond limited colleagues
  • Published material · Article cited was from 1998, nearly nine years before petition filing, inconsistent with sustained acclaim and not primarily about petitioner
  • Final merits · Successful South African attorney with leading role but no sustained national or international acclaim placing her at very top of field

Criteria

CriterionReadingWhy
JudgingNot metPublished judicial decisions involving attorney cannot alone meet criterion; unpublished decisions have no precedential value
Original contributionsNot metCounsel-solicited letters carrying less weight than preexisting independent evidence; fail to demonstrate major significance beyond limited colleagues
Published materialNot metArticle cited was from 1998, nearly nine years before petition filing, inconsistent with sustained acclaim and not primarily about petitioner
Final meritsNot metSuccessful South African attorney with leading role but no sustained national or international acclaim placing her at very top of field

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

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