remanded EB-1A

Chief Executive Officer (CEO)

Artificial Intelligence (Al)/Machine Learning Field · Chile · 2024-12-18

Decision Date
2024-12-18
Location
U.S.
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

3 of 3 criteria met
Participation as a judge of the work of others (Met)

The Director determined, and the record supports, that the Petitioner submitted evidence of her participation as a judge of others' work in her field.

Authorship of scholarly articles in the field (Met)

The Director determined, and the record supports, that the Petitioner submitted evidence of her authorship of scholarly articles in the field.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Met)

The Petitioner submitted evidence of original contributions of major significance, including software for predicting polymer properties and pedestrian flow models, supported by detailed expert letters.

Why This Petition Was Remanded

The AAO withdrew the Director's decision because the Petitioner met at least three evidentiary criteria (judging, scholarly articles, and original contributions of major significance), which was sufficient for a final merits determination. However, the petition was remanded because the Petitioner did not establish her intent to continue working in her field in the United States, as required by Section 203(b)(1)(A)(ii) of the Act, an issue not addressed by the Director.

Evidence

Evidence Types
Judging Experience
Scholarly Articles
Original Contributions
Reference Letters Independent
Evidence Submitted
  • participation as a judge of others' work in her field
  • authorship of scholarly articles in the field
  • development of software that predicts the properties of polymers
  • creation of software models regarding pedestrian flow characteristics

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Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-18.

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At a Glance

Outcome remanded
Criteria Met 3 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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