How common are denied EB-1A petitions?

EB-1A petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the assistant professor industry affect EB-1A petition outcomes?

The assistant professor sector has unique considerations for EB-1A petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-1A

Assistant Professor

Assistant Professor · 2024-09-24

Decision Date

2024-09-24

This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

0 of 3 criteria met

Receipt of lesser nationally or internationally recognized prizes or awards for excellence (Not Met)

The petitioner abandoned claims relating to prizes or awards and did not establish a major, internationally recognized award.

Membership in associations in the field which require outstanding achievements of their members, as judged by national or international experts in their fields (Not Met)

The petitioner did not offer evidence that organizations in which she is a member utilize nationally or internationally recognized experts to judge achievements or require outstanding achievements as a condition of membership.

Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought (Not Met)

The petitioner lacked evidence that the publications that published material about her and related to her work were one of the regulatory required publication types.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Not Met)

While the originality of her research was not questioned, the petitioner failed to demonstrate her contributions significantly impacted the field through incremental recognition.

Performance of a leading or critical role for organizations or establishments that have a distinguished reputation (Not Met)

The petitioner did not adequately address and overcome the Director's determination that she did not show she contributed to the organizations in a manner of significance to the entity itself.

High salary or other significantly high remuneration for services, in relation to others in the field (Not Met)

The petitioner abandoned her claims relating to a high salary or significantly high remuneration.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to overcome the Director's analysis. Specifically, the petitioner abandoned claims for awards and high salary. She did not provide evidence that her memberships required outstanding achievements judged by nationally or internationally recognized experts. Furthermore, she failed to demonstrate that publications about her work were of the regulatory required types, or that her original contributions significantly impacted the field through incremental recognition. Finally, she did not adequately show she performed in a leading or critical role of significance to the entity.

Evidence

Evidence Types

Awards

Professional Memberships

Published Material

Original Contributions

Leading Role

High Salary

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Frequently Asked Questions

A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-24.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

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