Case Study: AAO dismissed an EB1-A Appeal of a Petition for an Alien Business Consultant

by Victoria Chen, Esq., J.D.

Background: The petitioner is involved in the performing arts. It seeks to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act as an alien of extraordinary ability as a business consultant. The basis for his claim is his previous work as the government-appointed president of a corporation formed to build a city in Britain.

USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies for classification as an alien of extraordinary ability.

AAO’s Decision: The AAO stated tha the evidence the petitioner submitted is inconsistant with the field that the petitioner is going to engage. Specifically, the AAO stated that the work which the petitioner wishes to perform in the United States appears to consist of activity as a liaison between the State of Hawaii and leaders of British business and government. He submitted a letter, stating that the petitioner’s “work for us has been in connection with the use of our services by the State of Hawaii to increase inward tourism and air flights from Britain, to increase and foster UK/Hawaii trade, and to build political and other contacts for the Governor of Hawaii and his officers with UK ministers of government, government officials, board members and executives of major airlines and tourist companies, etc.” Such work, however, would not constitute a continuation of the same activities upon which the petitioner bases his claim to extraordinary ability. There is no indication that the petitioner intends to engage in city-planning in the State of Hawaii, or to foster small business in rural areas there. The petitioner’s assertion that he has demonstrated extraordinary ability in the field of business in general cannot be accepted. While the petitioner’s previous and current fields of work might perhaps be categorized under the broad category of “business,” they nevertheless are clearly two different occupations.

In addition, the AAO did not find the petitioner has not persuasively established that he has achieved the sustained national or international acclaim required for classification as an alien with extraordinary ability. The evidence presented does not establish the beneficiary to be at the top of his field, or that his entry will substantially benefit the United States. As a result, the AAO dismissed the appeal.

from Chen Immigration Law Associates

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With more than 16,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 3,500 in 2019.

If you are interested in filing the green card, please send your CV to for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.

Approval Notices:

Success Stories:


Free evaluation email:

Tel: 888.666.0969 (Toll Free)

To see more clients’ testimonials and approvals, please refer to:

Client's Testimonials

Approval Notices

To Learn More About Your Options CLICK HERE

Copyright © North America Immigration Law, All Rights Reserved.

Leave a Reply