AAO research

AAO EB-1A decision JUL122023_02B2203: Membership

AAO EB-1A decision JUL122023_02B2203: Membership

EB-1A membership — AAO decision JUL122023_02B2203: Appeal dismissed (physical p. 6). Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision JUL122023_02B2203: Appeal dismissed (physical p. 6). AAO withdrew the Director’s favorable leading/critical-role finding because the record did not show a qualifying leading/critical role for a distinguished organization. It found EO membership requirements did not show outstanding achievement judged by recognized experts; original contributions was waived. High salary remained met. The petitioner therefore had fewer than three criteria (pp. 2–5).

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: in_scope_EB1A_source_reviewed. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JUL122023_02B2203

Decision date as printed

July 12, 2023

Classification / field stated in source

EB-1A business; entrepreneur in pharmaceutical industry; appeal of Nebraska Service Center denial.

Procedural posture

Appeal reviewed de novo. Director found leading/critical role and high salary; petitioner challenged membership finding; original-contributions adverse finding was not appealed.

Operative disposition

Appeal dismissed (physical p. 6).

Final-merits status

AAO reviewed the record in the aggregate and concluded it did not support sustained acclaim/top-of-field standing; fewer than three threshold criteria were met (p. 6).

What the AAO decision addressed

AAO withdrew the Director’s favorable leading/critical-role finding because the record did not show a qualifying leading/critical role for a distinguished organization. It found EO membership requirements did not show outstanding achievement judged by recognized experts; original contributions was waived. High salary remained met. The petitioner therefore had fewer than three criteria (pp. 2–5).

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

Not coded — source PDF

Membership

not met
EO revenue/ownership threshold was not shown to be an outstanding achievement judged by recognized national/international experts (pp. 3–4). — source PDF

Published material about the person

Not coded — source PDF

Judging the work of others

Not coded — source PDF

Original contributions of major significance

waived
Petitioner did not challenge the Director’s adverse finding on appeal (p. 2). — source PDF

Scholarly authorship

Not coded — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

not met
AAO withdrew the Director’s favorable finding; evidence insufficient to support qualifying role for distinguished organization (p. 5). — source PDF

High salary or remuneration

met
Director’s finding based on W-2 forms and comparative salary evidence was sustained (p. 5). — source PDF

Commercial success in the performing arts

Not coded — source PDF

Source-cited findings recorded in review

  • Citations use physical PDF page numbers; pages were visually inspected in source order.

How this record may be used in research

Comparison scope: Good narrow example for business-founder association membership: revenue/ownership eligibility is not itself expert-judged outstanding achievement. Distinguish the one criterion retained (salary) from the withdrawn role finding. Publish as individual business case with clear statement that only high salary was accepted in this appeal.

Editorial use note: Publish as individual business case with clear statement that only high salary was accepted in this appeal.

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Membership research

  • Original contributions of major significance research

  • Leading or critical role research

  • High salary or remuneration research

  • Entrepreneurship sector research

  • Medicine sector research

  • Waiv research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for JUL122023_02B2203