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EB-1AMechanical and aerospace engineeringEmployerDecided 2009Dismissed

Outcome: Dismissed

Mar272009_03B2203

Commercial successNot metMembershipNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

An engineer and power plant chief of operations sought EB-1A classification claiming membership, published material, original contributions, and commercial success. The AAO found the beneficiary failed all criteria: no qualifying membership, no published material about him, letters alone cannot establish original contributions of major significance, and no evidence he drove company revenue. Appeal dismissed.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Commercial success · No evidence that beneficiary was responsible for petitioner's revenue; commercial success not demonstrated
  • Membership · Association with organizations does not satisfy criterion; actual membership in associations requiring outstanding achievement not established
  • Original contributions · Letters attesting to work importance insufficient; no preexisting independent evidence that beneficiary's designs or operations were original with major significance to field
  • Published material · News articles submitted were not about the beneficiary; published material criterion requires evidence about the individual
  • Final merits · Overall evidence does not demonstrate sustained national or international acclaim placing beneficiary at very top of field

Criteria

CriterionReadingWhy
Commercial successNot metNo evidence that beneficiary was responsible for petitioner's revenue; commercial success not demonstrated
MembershipNot metAssociation with organizations does not satisfy criterion; actual membership in associations requiring outstanding achievement not established
Original contributionsNot metLetters attesting to work importance insufficient; no preexisting independent evidence that beneficiary's designs or operations were original with major significance to field
Published materialNot metNews articles submitted were not about the beneficiary; published material criterion requires evidence about the individual
Final meritsNot metOverall evidence does not demonstrate sustained national or international acclaim placing beneficiary at very top of field

A published decision describes one case. It is not legal advice and not a prediction for yours.

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