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EB-1ABusiness and managementIndividualDecided March 2020Dismissed

Outcome: Dismissed

MAR052020_01B2203

Published materialMetAwardsNot metLeading or critical roleNot metOriginal contributionsNot metFinal meritsNot met

Our summary

A construction manager and vice president in China sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only published material and leading role criteria but failed awards and original contributions claims due to factual inconsistencies and lack of field-wide impact.

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

  • Published material · Article in China Press met criterion for published material about work.

What was missing

  • Awards · Company received awards, not petitioner; factual inconsistencies in timeline and involvement.
  • Leading or critical role · Reference letter credibility compromised; insufficient evidence of distinguished organizational reputation.
  • Original contributions · Insulation method not original; implementation of existing product for single project insufficient.
  • Final merits · Only two criteria met; lacks sustained national or international acclaim required for top tier.

Criteria

CriterionReadingWhy
Published materialMetArticle in China Press met criterion for published material about work.
AwardsNot metCompany received awards, not petitioner; factual inconsistencies in timeline and involvement.
Leading or critical roleNot metReference letter credibility compromised; insufficient evidence of distinguished organizational reputation.
Original contributionsNot metInsulation method not original; implementation of existing product for single project insufficient.
Final meritsNot metOnly two criteria met; lacks sustained national or international acclaim required for top tier.

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

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