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EB-1ABusiness and managementIndividualDecided September 2022Sustained

Outcome: Sustained

SEP162022_02B2203

JudgingMetLeading or critical roleMetOriginal contributionsMetPublished materialMetMembershipNot metAwardsClaimed, not analyzedFinal meritsMet

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.

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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  • Membership · Service center finding withdrawn; record shows no membership in qualifying associations, though board positions were noted as indicating stature.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

CriterionReadingWhy
JudgingMetAgreed with the service center that his participation in academic evaluations qualifies as judging.
Leading or critical roleMetAgreed with the service center that leading or critical roles were shown.
Original contributionsMetAppeal found contributions of major significance shown, reversing the service center.
Published materialMetAppeal found published material about him in major media satisfied.
MembershipNot metService center finding withdrawn; record shows no membership in qualifying associations, though board positions were noted as indicating stature.
AwardsClaimed, not analyzedClaimed but not analyzed in the available text of the decision.
Final meritsMetTotality 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.

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