dismissed EB-1A Case: Business
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Decision Summary
The appeal was dismissed because even though the AAO found the petitioner met three of the initial evidentiary criteria, they concluded upon final merits determination that the evidence did not demonstrate sustained national or international acclaim. The petitioner's arguments regarding a prior O-1 approval and district court case law were found to be unpersuasive, as the AAO is not bound by prior nonimmigrant approvals and follows the two-part Kazarian analysis, which requires an assessment of the overall quality of the evidence.
Criteria Discussed
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