dismissed EB-1A

Civil Engineer

Water Resources Engineering · Iraq · 2024-10-04

Decision Date
2024-10-04
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
Authorship of scholarly articles (Met)

The Director and AAO agreed that the Petitioner met this criterion through his authorship of scholarly articles.

Participation as a judge of the work of others (Met)

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

Membership in associations requiring outstanding achievements (Not Met)

The Petitioner's memberships in the American Society of Civil Engineers, Community Surface Dynamics Modeling System, and Iraqi Engineers Union did not demonstrate that these associations require outstanding achievements for membership, as judged by experts.

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

While the Petitioner made original research contributions, he failed to demonstrate that these contributions, including published articles and citations, were of major significance or had a remarkable impact on the broader field of water resources engineering.

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

The Petitioner's roles on a doctoral project and within a university's civil engineering department were not shown to be leading or critical for organizations with a distinguished reputation, as a project is not an organization and the university's rankings were insufficient.

Why This Petition Was Denied

The appeal is dismissed because the Petitioner failed to provide initial evidence of a one-time achievement or meet at least three of the ten evidentiary criteria. Specifically, the Petitioner did not demonstrate that his association memberships required outstanding achievements, that his original contributions (including published articles and citations) were of major significance to the field of water resources engineering, or that his roles were leading/critical for organizations with distinguished reputations. The AAO found the evidence insufficient to establish sustained national or international acclaim, concluding the Petitioner is not among the small percentage at the very top of his field.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Professional Memberships
Judging Experience
Original Contributions
Evidence Submitted
  • authorship of scholarly articles
  • participation as a judge of the work of others in his field
  • membership in the American Society of Civil Engineers
  • membership in the terrestrial working group of the Community Surface Dynamics Modeling System
  • membership in the Iraqi Engineers Union (IEU)
  • articles co-authored by the Petitioner published in scientific journals and at conferences
  • citations to published papers and presentations
  • reference letters from peers, colleagues, and other experts
  • work on feasibility studies for water and sewage projects in Iraq
  • leadership of a river monitoring project

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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: 2024-10-04.

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At a Glance

Outcome dismissed
Criteria Met 2 / 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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