Outcome: Dismissed
MAR122020_02B2203
Our summary
Vice president of talent acquisition sought EB-1A. Petitioner met two criteria (leading role, high salary) but AAO found insufficient for third required criterion. Award and membership claims rejected: inaugural conference award lacked established reputation, professional certification not equivalent to association membership. Appeal dismissed.
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 · Director found petitioner met this criterion; AAO agreed with Director's finding.
- Leading or critical role · Director found petitioner met this criterion; AAO agreed with Director's finding.
What was missing
- Awards · HR retail award inaugural with unestablished reputation beyond conference; other awards to employer, not petitioner.
- Membership · Certification by professional body characterized as certification, not association membership requiring demonstrated achievements.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director found petitioner met this criterion; AAO agreed with Director's finding. | |
| Met | Director found petitioner met this criterion; AAO agreed with Director's finding. | |
| Not met | HR retail award inaugural with unestablished reputation beyond conference; other awards to employer, not petitioner. | |
| Not met | Certification by professional body characterized as certification, not association membership requiring demonstrated achievements. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
