Outcome: Sustained
SEP162022_02B2203
Our summary
An oil and gas industry executive sought extraordinary ability classification. The service center found the initial criteria met but denied on final merits. The AAO sustained the appeal, finding additional criteria satisfied and concluding that the whole record showed sustained acclaim and top-of-field standing, which the director had overlooked.
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 · Agreed with the service center that his participation in academic evaluations qualifies as judging.
- Leading or critical role · Agreed with the service center that leading or critical roles were shown.
- Original contributions · Appeal found contributions of major significance shown, reversing the service center.
- Published material · Appeal found published material about him in major media satisfied.
- Final merits · Totality of evidence, including media recognition and stature, showed sustained acclaim, contrary to the director's narrow analysis.
What was missing
- Membership · Service center finding withdrawn; record shows no membership in qualifying associations, though board positions were noted as indicating stature.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Agreed with the service center that his participation in academic evaluations qualifies as judging. | |
| Met | Agreed with the service center that leading or critical roles were shown. | |
| Met | Appeal found contributions of major significance shown, reversing the service center. | |
| Met | Appeal found published material about him in major media satisfied. | |
| Not met | Service center finding withdrawn; record shows no membership in qualifying associations, though board positions were noted as indicating stature. | |
| Claimed, not analyzed | Claimed but not analyzed in the available text of the decision. | |
| Met | Totality of evidence, including media recognition and stature, showed sustained acclaim, contrary to the director's narrow analysis. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
