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EB-1AComputer science and AIEmployerDecided October 2024Dismissed

Outcome: Dismissed

OCT242024_01B2203

JudgingMetLeading or critical roleMetHigh salaryNot metMembershipNot metOriginal contributionsNot metPublished materialNot metAwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

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 · Director found beneficiary met this criterion; AAO did not disturb finding.
  • Leading or critical role · Director found beneficiary met this criterion; AAO did not disturb finding.

What was missing

  • High salary · Compensation in 2021-2022 not shown to be high relative to others in field.
  • Membership · Advisory board memberships lack evidence of outstanding achievement as judged by recognized national or international experts.
  • Original contributions · Work on company program and partnerships lacks demonstrated major significance to the field overall.
  • Published material · Podcast interview does not qualify as published material in professional, major trade publication, or major media.
  • Final merits · Beneficiary met only two criteria; three required minimum. Record lacks evidence of sustained national or international acclaim.

Criteria

CriterionReadingWhy
JudgingMetDirector found beneficiary met this criterion; AAO did not disturb finding.
Leading or critical roleMetDirector found beneficiary met this criterion; AAO did not disturb finding.
High salaryNot metCompensation in 2021-2022 not shown to be high relative to others in field.
MembershipNot metAdvisory board memberships lack evidence of outstanding achievement as judged by recognized national or international experts.
Original contributionsNot metWork on company program and partnerships lacks demonstrated major significance to the field overall.
Published materialNot metPodcast interview does not qualify as published material in professional, major trade publication, or major media.
AwardsClaimed, not analyzedNot claimed or discussed in decision.
Commercial successClaimed, not analyzedNot claimed or discussed in decision.
ExhibitionsClaimed, not analyzedNot claimed or discussed in decision.
Scholarly articlesClaimed, not analyzedNot claimed or discussed in decision.
Final meritsNot metBeneficiary met only two criteria; three required minimum. Record lacks evidence of sustained national or international acclaim.

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

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