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EB-1ABusiness and managementIndividualDecided March 2020Dismissed

Outcome: Dismissed

MAR122020_02B2203

High salaryMetLeading or critical roleMetAwardsNot metMembershipNot met

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

CriterionReadingWhy
High salaryMetDirector found petitioner met this criterion; AAO agreed with Director's finding.
Leading or critical roleMetDirector found petitioner met this criterion; AAO agreed with Director's finding.
AwardsNot metHR retail award inaugural with unestablished reputation beyond conference; other awards to employer, not petitioner.
MembershipNot metCertification 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.

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