AAO EB-1A decision AUG162023_01B2203: journalism and eb-1a appeal strategy pitfalls

Decision Snapshot

Field Value --- --- Decision ID AUG162023_01B2203 Decision date 2023-08-16 Outcome dismissed Field or occupation journalism Final merits discussed No / not stated

Criteria Discussed

• artistic_display

• awards

• commercial_success

• high_salary

• judging

• leading_critical_role

• membership

• original_contributions

• published_material

• scholarly_articles

Criteria Accepted

Not stated in the extracted decision plan.

Criteria Rejected

• awards

• commercial_success

• high_salary

• membership

• original_contributions

• published_material

• scholarly_articles

Core Lesson

Petitioners must satisfy at least three of the ten EB‑1A criteria with strong, contemporaneous evidence; raising new criteria on appeal will not cure a failure to meet the initial three‑criterion threshold.

Evidence Issue

• Evidence that the award is nationally or internationally recognized (contemporaneous press coverage, independent verification).

• Salary comparison data showing petitioner’s earnings are high relative to others in the field.

• Performing‑arts evidence to support a commercial‑success claim.

• Proof that professional memberships require outstanding achievement.

• Published material that discusses the petitioner’s contributions and is authored by third‑party sources.

• Demonstration of original contributions that broke new ground or had a major impact on journalism.

How This Connects

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Source Note

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