EB-1AArts, design, architectureEmployerDecided November 2023Dismissed
Outcome: Dismissed
NOV152023_03B2203
Leading or critical roleMetHigh salaryNot metExhibitionsClaimed, not analyzedFinal meritsNot met
Our summary
A restaurant employer sponsored an executive chef with 14 years of experience and United Kingdom culinary training for EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the beneficiary met only one of ten evidentiary criteria and the record lacks evidence of sustained national or international acclaim required for extraordinary ability 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
- Leading or critical role · Beneficiary demonstrated leading or critical role as executive chef at upscale restaurant with distinguished reputation.
What was missing
- High salary · Salary of $85,000 is above average for similar occupations but insufficient data to establish high salary in relation to other executive chefs in geographic area.
- Final merits · Beneficiary fails to meet three initial evidentiary criteria requirement; record does not demonstrate sustained national or international acclaim at top of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Leading or critical role | Met | Beneficiary demonstrated leading or critical role as executive chef at upscale restaurant with distinguished reputation. |
 High salary | Not met | Salary of $85,000 is above average for similar occupations but insufficient data to establish high salary in relation to other executive chefs in geographic area. |
 Exhibitions | Claimed, not analyzed | Claimed on appeal but analysis reserved as unnecessary to outcome; claimed criterion not addressed in opinion. |
 Final merits | Not met | Beneficiary fails to meet three initial evidentiary criteria requirement; record does not demonstrate sustained national or international acclaim at top of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.