In January 2025, the Administrative Appeals Office (AAO) overturned a decision made by the USCIS Director regarding an EB-1A petition filed by a paralegal from Kazakhstan. The Director had denied the petition, arguing that law does not qualify as a field of “science or art,” and only assessed two of the six criteria required for EB-1A eligibility. The AAO reviewed the case de novo and found the Director’s interpretation to be incorrect, remanding the case for a comprehensive evaluation of the remaining four criteria: memberships, original contributions, leading roles, and high remuneration.
Key Details:
- AAO decision date: January 2025
- Initial denial based on the interpretation of law as not being a science or art
- Director evaluated only 2 of the 6 EB-1A criteria
- AAO ordered review of the remaining 4 criteria
This decision serves as a significant reference for individuals in non-traditional EB-1A fields, highlighting the importance of a thorough evaluation of all claimed criteria. If a USCIS Director fails to assess criteria in a petition, it may provide grounds for appeal.
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Source: r/eb_1a