Law Offices of Chris M. Ingram

    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

    In our pursuit of EB1 Green Card and O1 Visa legal excellence we are systematically reviewing every Administrative Appeal Office decision that has been appealed. These cases are not our cases but any and all cases that have been appealed nationally. In continuously reviewing these decisions and learning from them we will continue to be the recognized leaders in EB1 Green Card and O1 Visa legal field as we continue preparing successful cases for aliens of extraordinary ability. 

     

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

    Home

    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).

     

    Important Notice: Please note that all videos created by the Law Offices of Chris M. Ingram are intended as general information only and not specific legal advice pertaining your case. If you would like specific legal advice on any immigration matter please do not hesitate to contact this law office accordingly. All pictorial images used in these videos and the website in general are licensed stocked images and not portraits, or otherwise, of anyone from the Law Offices of Chris M. Ingram, nor of its clients unless otherwise indicated by name. All images are used solely for illustrative purposes only. All rights reserved.

    Copyright 2014