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dismissed EB-1A RFE Issued

Professor In The Field Of Urban And Regional Planning

Urban And Regional Planning · Brazil · 2024-04-15

Decision Date
2024-04-15
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 (Met)

The Petitioner participated as an examiner of doctoral theses.

Scholarly Articles (Met)

The Petitioner authored articles in professional journals like Journal of Transport Geography and Transportes.

Awards (Not Met)

The Autodesk Expert Elite title recognized customer support/software usage rather than excellence in urban planning.

Memberships (Not Met)

Memberships in ANPET and APA did not require outstanding achievements for entry.

Published Material (Not Met)

Submitted articles were either not substantially about the Petitioner or appeared in media not proven to be 'major'.

Original Contributions (Not Met)

While influential in Brazil, the work was not shown to be of major significance to the broader field internationally.

Leading Role (Not Met)

The Petitioner held leading roles for specific departments or projects, but failed to prove the distinguished reputation of those specific entities.

High Salary (Not Met)

Salary data provided was based on averages and lacked proper comparative context for top-level professionals.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner only satisfied two criteria: judging and scholarly articles. The Petitioner failed the awards criterion as the 'Autodesk Expert Elite' title was for customer support rather than field excellence, and the original contributions were not shown to have major significance beyond national policy influence in Brazil. Additionally, evidence for high salary and leading roles was found insufficient to establish a distinguished reputation or top-level remuneration compared to peers.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to address deficiencies in multiple criteria; the Petitioner provided tax forms, salary surveys, and expert letters in response.

RFE Targets
AwardsMembershipsPublished MaterialOriginal ContributionsScholarly ArticlesLeading RoleHigh Salary

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Awards
Media Coverage
Reference Letters Dependent
Conference Presentations
Professional Memberships
Judging Experience
Original Contributions
High Salary
Evidence Submitted
  • Participation as an examiner of doctoral theses (judging)
  • Authorship of scholarly articles in Journal of Transport Geography and Transportes
  • Conference presentations at the World Conference on Transportation Research
  • Citations of doctoral dissertation in Brazilian government planning documents
  • Role as Dean of the Faculty of Architecture and Urbanism at the Federal University of Goias
  • Project Manager for the Development and Logistics Department of the Brazilian Ministry of Transport

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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: 2024-04-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 10

EB-1A Case Data

Scraped Case Data

Total Cases 884
Success Rate 52.7%
Sustained 466
Dismissed 301

Related Pages

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