EB-1ABusiness and managementEmployerDecided May 2020Dismissed
Outcome: Dismissed
MAY282020_03B2203
JudgingMetScholarly articlesMetLeading or critical roleNot metMembershipNot metPublished materialNot metHigh salaryClaimed, not analyzedFinal meritsNot met
Our summary
A firearms company sought extraordinary ability classification for its chief financial officer with prior international banking experience. AAO dismissed the appeal, finding beneficiary met only two of six claimed criteria and lacked evidence of sustained national acclaim or top-tier status.
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 served on undergraduate paper defense committee; Director found this constitutes judging work of others.
- Scholarly articles · Record contains copies of several qualifying scholarly articles by beneficiary in professional publications.
What was missing
- Leading or critical role · AAO concluded petitioner failed to establish beneficiary performs leading role for organizations with distinguished reputation.
- Membership · AAO concluded beneficiary did not show ANP AD associate membership met regulatory requirements.
- Published material · Two scholarly conference papers citing beneficiary's article insufficient; does not establish published material about beneficiary.
- Final merits · AAO determined beneficiary not shown to have sustained national acclaim or be among small percentage at very top of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Judging | Met | Beneficiary served on undergraduate paper defense committee; Director found this constitutes judging work of others. |
 Scholarly articles | Met | Record contains copies of several qualifying scholarly articles by beneficiary in professional publications. |
 Leading or critical role | Not met | AAO concluded petitioner failed to establish beneficiary performs leading role for organizations with distinguished reputation. |
 Membership | Not met | AAO concluded beneficiary did not show ANP AD associate membership met regulatory requirements. |
 Published material | Not met | Two scholarly conference papers citing beneficiary's article insufficient; does not establish published material about beneficiary. |
 High salary | Claimed, not analyzed | Claimed but not analyzed; AAO focused on other criteria and did not discuss remuneration evidence. |
 Final merits | Not met | AAO determined beneficiary not shown to have sustained national acclaim or be among small percentage at very top of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.