This appeal was not successful at this stage
The appeal was dismissed because the petitioner failed to meet at least three of the ten evidentiary criteria required for the EB-1A classification. Only two criteria (published material and leading/critical role) were found satisfied, and the membership criterion was not met.
1 more criterion would trigger a full merits review.
The petitioner, a general manager in China with over ten years of industry experience, sought EB-1A classification as an alien of extraordinary ability. The Texas Service Center denied the petition, finding only two of the required three criteria met. On appeal, the AAO agreed that the petitioner satisfied the published material and leading/critical role criteria but not the membership criterion. The membership claim failed because neither association provided sufficient evidence that membership required outstanding achievements judged by recognized national or international experts — the China Fisheries Association provided no bylaws, and the Aquafarming Association's bylaws only required 'outstanding influence or talents,' which did not meet the regulatory standard. Because the petitioner fell short of the three-criteria threshold, no final merits determination was required and the appeal was dismissed.
What worked: The petitioner successfully established two EB-1A criteria: published material in major trade publications or media, and a leading or critical role in a distinguished organization. Both the Director and the AAO agreed on these two criteria.
What failed: The membership criterion failed for both associations claimed. The China Fisheries Association letter was unsupported by bylaws or official membership requirements. The Aquafarming Association's bylaws used the phrase 'outstanding influence or talents' rather than 'outstanding achievements judged by recognized experts,' which does not satisfy the regulatory language. The high salary criterion was abandoned on appeal and deemed waived.
Takeaway: When claiming the membership criterion, petitioners must submit official bylaws or documented membership requirements — not just letters from association officials — showing that membership requires outstanding achievements judged by recognized national or international experts. Language in bylaws referring to 'influence' or 'talent' is insufficient without a direct connection to the regulatory standard.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-1A criteria.
● Evidence that moved the needle
- The petitioner successfully established two EB-1A criteria: published material in major trade publications or media, and a leading or critical role in a distinguished organization
- Both the Director and the AAO agreed on these two criteria.
● Evidence that wasn't enough alone
- The membership criterion failed for both associations claimed
- The China Fisheries Association letter was unsupported by bylaws or official membership requirements
- The Aquafarming Association's bylaws used the phrase 'outstanding influence or talents' rather than 'outstanding achievements judged by recognized experts,' which does not satisfy the regulatory language
- The high salary criterion was abandoned on appeal and deemed waived.
Criterion-by-criterion breakdown
Membership in associations requiring outstanding achievement
Not metMemberships in China Fisheries Association and an Aquafarming Association were claimed. The China Fisheries Association lacked official bylaws or documentation of membership criteria. The Aquafarming Association bylaws required 'outstanding influence or outstanding talents' rather than 'outstanding achievements as judged by recognized national or international experts,' which did not satisfy the regulatory language.
Published material about the person
MetBoth the Director and AAO agreed the petitioner satisfied this criterion.
Leading or critical role for distinguished organizations
MetBoth the Director and AAO agreed the petitioner satisfied this criterion.
High salary or other significantly high remuneration
Not metPetitioner initially claimed this criterion but did not pursue it on appeal; deemed waived per Matter of M-A-S-.
Evidence supporting the published material criterion (8 C.F.R. § 204.5(h)(3)(iii))
Evidence supporting the leading or critical role criterion (8 C.F.R. § 204.5(h)(3)(viii))
Letter from China Fisheries Association official describing petitioner's accomplishments — no bylaws or official membership criteria submitted to confirm requirements
Aquafarming Association bylaws requiring 'outstanding influence or outstanding talents' — language held insufficient to establish outstanding achievements judged by recognized experts
Letter from Aquafarming Association president — addressed petitioner's personal accomplishments rather than the association's membership requirements
Completed
I-140 filed
General manager at a company in China with over ten years of experience in the field
Completed
Director, Texas Service Center — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2022-04-29
AAO decision — Dismissed
The appeal was dismissed because the petitioner failed to meet at least three of the ten evidentiary criteria required for the EB-1A classification. Only two criteria (published material and leading/critical role) were found satisfied, and the membership criterion was not met.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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