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 transplant surgery industry affect EB-1A petition outcomes?

The transplant surgery 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 RFE Issued

Transplant Surgeon; Assistant Professor

Transplant Surgery · 2022-08-22

Decision Date

2022-08-22

Location

Ohio

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

2 of 3 criteria met

Judging the work of others (Met)

The Director and AAO agreed the Petitioner satisfied this criterion through his participation as a judge.

Authorship of scholarly articles (Met)

The Petitioner satisfied this criterion through his published research in the field.

Memberships in associations (Not Met)

The associations (ACS, Sigma Xi, Alpha Omega Alpha) did not require 'outstanding achievements' for the level of membership held.

Original contributions of major significance (Not Met)

The evidence, including expert letters and Altmetric scores, failed to show the work had a 'major significance' or widespread impact on the field.

Leading or critical role (Not Met)

The Petitioner did not establish that his roles as an assistant professor or director of a specific program were leading or critical to a distinguished organization.

High salary (Not Met)

The Petitioner's $350,000 salary was not shown to be high relative to others in the specific field of transplant surgery with similar duties.

Why This Petition Was Denied

The Petitioner met only 2 of the 10 required criteria (judging and scholarly articles), failing to meet the minimum of 3. Membership in the American College of Surgeons was deemed not to require 'outstanding achievements,' and evidence for original contributions lacked proof of 'major significance' beyond routine academic impact. The Petitioner's $350,000 salary was not sufficiently proven to be high in relation to other transplant surgeons with similar teaching and clinical duties.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested specific salary data for transplant surgeons and further evidence of leading roles; the Petitioner provided survey data and a letter regarding a Faculty Senate position.

RFE Targets

High salaryLeading or critical role

Evidence

Evidence Types

Peer Reviewed Publications

Judging Experience

Scholarly Articles

Media Coverage

Reference Letters Dependent

Professional Memberships

High Salary

Evidence Submitted

Participation as a judge of the work of others (peer review)
Authorship of scholarly articles in journals such as Clinical Transplantation
Altmetric profiles for five articles
Social media mentions (tweets) of research
Media reports on MedIndia.net, News-Medical.net, and MedicalExpress.com
Fellow of the American College of Surgeons (ACS)
Member of Alpha Omega Alpha Honor Medical Society
Member of Sigma Xi, the Scientific Research Honor Society

Similar Cases

Others

Healthcare

USCIS EB-1A remanded

2024-10-15

The AAO determined that the Director erred in concluding the Petitioner did not meet the 'leading or critical role' criterion. The Petitioner provided employment verification letters detailing a critical role in conducting clinical trials and published work that led to a partnership for the first clinical trial in the U.S. to evaluate the role of II in inhibiting transplant organ fibrosis at a top-ranked hospital. With this criterion met, the Petitioner now satisfies three criteria, necessitating a remand for a final merits review to assess sustained national or international acclaim.

Surgeon

Healthcare · Kyrgyzstan

USCIS EB-1A rfe dismissed

2024-04-25

The Petitioner did not meet any of the eight claimed criteria; specifically, nominations for awards were not considered 'receipt,' and membership letters for SARSK lacked credibility due to font inconsistencies and conflicting requirements. Evidence for scholarly articles and published material was deficient as it lacked authors, translations, or proof of major media standing. No original contributions of major significance were established, and the claim for commercial success in performing arts was inapplicable to a surgeon.

Doctor

Healthcare

USCIS EB-1A rfe dismissed

Florida 2024-07-12

The appeal was dismissed because the Petitioner only satisfied two of the ten initial evidentiary criteria (judging and scholarly articles). The claim for a leading or critical role was rejected because the Petitioner did not prove the distinguished reputation of the specific clinic (IDEA) or that the Beneficiary's role was critical to the larger organization. Additionally, the evidence showed the Beneficiary was still in residency training, failing the final merits determination for sustained acclaim.

Coach

Healthcare · Kazakhstan

USCIS EB-1A dismissed

2025-01-30

The motion to reopen was dismissed because new evidence for awards, memberships, original contributions, and leading role criteria did not address prior deficiencies or comply with translation requirements. Specifically, awards lacked proof of significance, memberships lacked proof of outstanding achievement requirements, original contributions evidence did not mention the Petitioner, and leading role evidence lacked explanation of relevancy or organizational distinction. The motion to reconsider was dismissed as the Petitioner failed to establish the prior decision was based on an incorrect application of law or policy, and the standard of proof applied was deemed correct.

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.

Browse More Cases

More dismissed cases More Healthcare cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-08-22.

Browse all cases

At a Glance

Outcome dismissed

RFE Issued

Criteria Met 2 / 3

Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

EB-1A Overview All EB-1A Cases EB-1A Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist