dismissed EB-1A RFE Issued

Regional Accounting Manager

Accountant And Business Operations Manager · Kazakhstan · 2025-01-15

Decision Date
2025-01-15
Location
Kazakhstan
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
High Salary or other remuneration for services (Not Met)

The petitioner's salary was higher than the average for an accountant, but her role as 'Regional Accounting Manager' included management duties, rendering the accountant-specific comparative data insufficient to prove a high salary relative to others in her actual field.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate she met the high salary criterion (8 C.F.R. § 204.5(h)(3)(ix)). Although her monthly salary was higher than the average for an accountant in Kazakhstan, her position as 'Regional Accounting Manager' involved significant management duties beyond just accounting tasks. Therefore, the comparative salary data for 'accountants' was deemed inapplicable to her actual role, leading to insufficient evidence for the high salary criterion.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the Petitioner's own salary, as the initial submission only included general salary information. The Petitioner responded with payroll documents and salary statistics for accountants in Kazakhstan.

RFE Targets
High Salary or other remuneration for services

Evidence

Evidence Types
High Salary
Evidence Submitted
  • autobiographical statement
  • general salary information published by the Office of National Statistics in Kazakhstan
  • payroll document listing monthly salary
  • letter from the head of the company
  • salary statistics for accountants in Kazakhstan

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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: 2025-01-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

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