AAO research

AAO EB-1A decision AUG202024_01B2203

AAO often overturns a Director’s grant of professional‑society membership, high‑salary, and leading‑role criteria when the record lacks objective, probative evidence; however, scholarly articles published in reputable trade or professional outlets can satisfy the scholarly‑article criterion if they

Decision Snapshot

Field Value --- --- Decision ID AUG202024_01B2203 Decision date not stated Outcome dismissed Field or occupation Not stated in the extracted decision plan. Final merits discussed Yes

Criteria Discussed

  • high_salary

  • judging

  • leading_critical_role

  • membership

  • scholarly_articles

Criteria Accepted

  • scholarly_articles

Criteria Rejected

  • high_salary

  • judging

  • leading_critical_role

  • membership

Core Lesson

AAO often overturns a Director’s grant of professional‑society membership, high‑salary, and leading‑role criteria when the record lacks objective, probative evidence; however, scholarly articles published in reputable trade or professional outlets can satisfy the scholarly‑article criterion if they are written for learned persons.

Evidence Issue

  • objective, probative evidence that membership panels of IEEE/BCS are judged by recognized national or international experts

  • concrete documentation showing the petitioner commanded a high salary relative to others in the field

  • evidence establishing the petitioner performed a leading or critical role after March 2023

  • evidence satisfying the judging criteria under 8 C.F.R. § 204.5(h)(3)(iv)

How This Connects

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Source Note

Non-precedent AAO decisions are used as evidence examples. They are not binding authority and do not predict any individual case.