EB-1ASoftware engineeringIndividualDecided March 2020Dismissed
Outcome: Dismissed
MAR192020_03B2203
JudgingMetScholarly articlesMetHigh salaryNot metLeading or critical roleNot metFinal meritsNot met
Our summary
An embedded software engineer in industrial automation sought EB-1A extraordinary ability. The AAO found two criteria met: judging and scholarly articles. Claims of critical role and high salary were rejected as lacking evidence that contributions were significant to employer overall or that compensation exceeded comparable positions, leaving the petitioner one criterion short.
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 · Peer reviewer for conference symposium in 2017; serves as reviewer of submitted papers but does not demonstrate sustained national or international acclaim.
- Scholarly articles · Poster published in World Congress proceedings qualifies as publication in professional medium; at least three scholarly articles authored.
What was missing
- High salary · Salary compared to OES data does not establish high or significantly high remuneration relative to others in field in similar positions and geographic location.
- Leading or critical role · Led team and listed on multiple patents; evidence does not establish that contribution was critical to overall employer success or significant to overall activities.
- Final merits · Record does not demonstrate sustained national or international acclaim or position among small percentage at very top of software engineering field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Peer reviewer for conference symposium in 2017; serves as reviewer of submitted papers but does not demonstrate sustained national or international acclaim. |
 Scholarly articles | Met | Poster published in World Congress proceedings qualifies as publication in professional medium; at least three scholarly articles authored. |
 High salary | Not met | Salary compared to OES data does not establish high or significantly high remuneration relative to others in field in similar positions and geographic location. |
 Leading or critical role | Not met | Led team and listed on multiple patents; evidence does not establish that contribution was critical to overall employer success or significant to overall activities. |
 Final merits | Not met | Record does not demonstrate sustained national or international acclaim or position among small percentage at very top of software engineering field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.