O-1ABusiness and managementEmployerDecided 2019Dismissed
Outcome: Dismissed
MAR272019_01D8101
JudgingMetAwardsNot metLeading or critical roleNot metPublished materialNot metHigh salaryClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzed
Our summary
A consumer audio company petitioned for O-1A classification for its founder and CEO with a Ph.D. in computer science. The AAO found only the judging criterion met and dismissed the appeal, concluding the beneficiary lacked extraordinary ability in business or sciences without major award or three qualifying criteria.
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 · Beneficiary reviewed manuscripts for peer-reviewed journal, satisfying plain language of criterion.
What was missing
- Awards · Petitioner submitted no evidence of major internationally recognized award.
- Leading or critical role · Evidence did not substantiate that work was highlighted for significance or that researchers substantially relied upon contributions.
- Published material · Articles lack evidence showing sources are professional or major trade publications or major media.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Beneficiary reviewed manuscripts for peer-reviewed journal, satisfying plain language of criterion. |
 Awards | Not met | Petitioner submitted no evidence of major internationally recognized award. |
 Leading or critical role | Not met | Evidence did not substantiate that work was highlighted for significance or that researchers substantially relied upon contributions. |
 Published material | Not met | Articles lack evidence showing sources are professional or major trade publications or major media. |
 High salary | Claimed, not analyzed | Claimed but not analyzed. |
 Original contributions | Claimed, not analyzed | Claimed but not analyzed. |
 Scholarly articles | Claimed, not analyzed | Claimed but not analyzed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.