EB-1ABusiness and managementIndividualDecided March 2020Dismissed
Outcome: Dismissed
MAR022020_02B2203
JudgingMetScholarly articlesMetAwardsNot metHigh salaryNot metLeading or critical roleNot metPublished materialNot met
Our summary
A fitness industry business consultant filed I-140 for extraordinary ability. He met judging and scholarly articles criteria but failed awards, published material, leading role, and high salary claims. AAO found only two criteria satisfied, below three minimum 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
- Judging · Letter from Brazil organization representatives established participation as judge of work of others
- Scholarly articles · Multiple articles authored in professional or major trade publications established criterion
What was missing
- Awards · Award from fitness convention not established as nationally or internationally recognized
- High salary · Brazilian tax return and salary surveys lacked comparable basis and location specificity for accurate comparison
- Leading or critical role · AAO withdrew Director's finding; organization reputation in consulting not equivalent to organization having distinguished reputation generally
- Published material · Articles were about fitness gyms generally, not published material about petitioner specifically
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Letter from Brazil organization representatives established participation as judge of work of others |
 Scholarly articles | Met | Multiple articles authored in professional or major trade publications established criterion |
 Awards | Not met | Award from fitness convention not established as nationally or internationally recognized |
 High salary | Not met | Brazilian tax return and salary surveys lacked comparable basis and location specificity for accurate comparison |
 Leading or critical role | Not met | AAO withdrew Director's finding; organization reputation in consulting not equivalent to organization having distinguished reputation generally |
 Published material | Not met | Articles were about fitness gyms generally, not published material about petitioner specifically |
A published decision describes one case. It is not legal advice and not a prediction for yours.