Outcome: Dismissed
SEP022025_01B2203
Our summary
Software engineer claimed five criteria for extraordinary ability. AAO found three criteria met: judging, original contributions (patent), and scholarly articles. However, final merits determination concluded petitioner lacks sustained national or international acclaim; patent represents employment duty, not independent achievement. Appeal dismissed.
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 · AAO agreed with service center RFE that petitioner met this criterion
- Original contributions · Patent application established original contribution; service center found this in RFE
- Scholarly articles · Articles have citations and references; affiliated with recognized institution; produces scholarly work
What was missing
- Awards · No major, internationally recognized award indicated or established
- Exhibitions · Service center found petitioner did not meet displayed work criterion
- Leading or critical role · Service center found petitioner did not meet this criterion
- Final merits · Petitioner met three criteria but final merits analysis found insufficient sustained national or international acclaim
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | AAO agreed with service center RFE that petitioner met this criterion | |
| Met | Patent application established original contribution; service center found this in RFE | |
| Met | Articles have citations and references; affiliated with recognized institution; produces scholarly work | |
| Not met | No major, internationally recognized award indicated or established | |
| Not met | Service center found petitioner did not meet displayed work criterion | |
| Not met | Service center found petitioner did not meet this criterion | |
| Not met | Petitioner met three criteria but final merits analysis found insufficient sustained national or international acclaim |
A published decision describes one case. It is not legal advice and not a prediction for yours.
