Senior Staff Graphics Programmer

The appeal was dismissed because the petitioner failed to meet at least three of the ten EB-1A criteria. The 'Prizes or Awards' criterion was not met as the beneficiary did not personally receive awards, only worked on award-winning projects. The 'Published Material' criterion was not met because the publications were not shown to be major trade/professional publications and did not substantially discuss the beneficiary's work. The 'Original Contributions' criterion was not met as the major significance of the contributions to the broader field (beyond the employer) was not established. Only 'Leading or Critical Role' and 'High Remuneration' were found to be met, falling short of the required three criteria.

The appeal was dismissed because the Petitioner failed to provide evidence of individual awards, failed to establish the standing of publications as major media, and did not demonstrate the Beneficiary's participation as a judge of others' work with specific details. Additionally, the Petitioner did not provide comparable salary evidence for an 'Environment Concept Art Lead' position, instead offering data for less senior roles. The comparable evidence argument was also rejected as it referenced O-1 nonimmigrant criteria without proper justification for EB-1A.

The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary met at least three of the ten evidentiary criteria for extraordinary ability. Specifically, claims for memberships, published material, original contributions of major significance, and high salary were not substantiated with objective, independent evidence. The evidence provided for memberships lacked proof of outstanding achievement requirements, published material lacked major media standing, original contributions were limited to company projects rather than the overall field, and salary comparisons were not against similarly employed workers in the field. The decision explicitly states that the Beneficiary did not establish the acclaim and recognition required for the classification, failing to show he is among the small percentage at the very top of his field.