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EB-1ABusiness and managementIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT262023_01B2203

JudgingMetScholarly articlesMetAwardsNot metLeading or critical roleNot metMembershipNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Business sustainability specialist sought EB-1A extraordinary ability. Director found two criteria met. Petitioner claimed five additional criteria on appeal. AAO affirmed only two criteria satisfied, finding no major, nationally recognized award and insufficient evidence of extraordinary ability 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 · Director determined criterion satisfied; AAO did not disturb this finding.
  • Scholarly articles · Director determined criterion satisfied; AAO did not disturb this finding.

What was missing

  • Awards · Award lacked requisite national or international recognition for excellence in field.
  • Leading or critical role · Evidence insufficient to establish leading or critical role at organization with distinguished reputation.
  • Membership · Association membership did not require outstanding achievements judged by recognized national or international experts.
  • Original contributions · Contributions not shown to be of major significance; impact limited to specific organization or locality.
  • Final merits · Petitioner lacked sustained national or international acclaim and not in small percentage at top of field.

Criteria

CriterionReadingWhy
JudgingMetDirector determined criterion satisfied; AAO did not disturb this finding.
Scholarly articlesMetDirector determined criterion satisfied; AAO did not disturb this finding.
AwardsNot metAward lacked requisite national or international recognition for excellence in field.
Leading or critical roleNot metEvidence insufficient to establish leading or critical role at organization with distinguished reputation.
MembershipNot metAssociation membership did not require outstanding achievements judged by recognized national or international experts.
Original contributionsNot metContributions not shown to be of major significance; impact limited to specific organization or locality.
Final meritsNot metPetitioner lacked sustained national or international acclaim and not in small percentage at top of field.

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

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