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EB1 Law Review AAO – December 23 2011 – Evidentiary Requirements for Establishing Critical Role

EB1 Law Review by Law Offices of Chris M. Ingram 

Evidentiary Requirements for Establishing Critical Role

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AAO Decision December, 23 2011 – Evidentiary Requirements for Establishing Critical Role, et .al (p9)

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Source Case

Evidentiary Requirements for Establishing Critical Role
(December, 23 2011 p8-9)

Evidence of Eligibility: 8 C.F.R. 204.5(h) (3)

(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

Context

In this case the Petitioner submitted letters of support from agency leaders indicating that she had performed in a critical role as an Information Systems Analyst, but failed to provide supporting evidence that the organization or establishment earned a distinguished reputation.

 

AAO Discussion

In this case the AAO withdrew the director’s finding that the Petitioner meets this category based on the following:

1: The letters, without the supporting documentation is not sufficient to meet the burden of proof.

2: The Petitioner failed to submit evidence that she performed in a leading or critical role for organizations or establishments in the plural.

3: The plain language of this criterion requires evidence of a leading or critical role for more than one distinguished organization or establishment.

4: The Petitioner must be judged by recognized national or international experts in her field. In this instance, the Petitioner was judged by local officials, which the AAO deemed insufficient evidence.

NB: The AAO also has the power upon a review of a case to withdraw a USCIS Director’s positive decision (in this case the director had approved this category as being satisfied absent of supporting documentation) the AAO reversed this determination.

 

*Cases Cited

Matter of Soffici, 22 I&N Dec 158, 165 (Comm’r 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg’l Comm’r 1972).

 

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