dismissed EB-1A
Author
Author · 2024-12-05
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 metPublished material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. (Not Met)
The submitted articles discussed the Petitioner's books, not the Petitioner himself, failing to meet the regulatory requirement for 'published material about the alien'.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field. (Not Met)
The Petitioner failed to provide comparative data for his royalty-based remuneration, instead submitting salary data for hourly/annual compensation, which was not applicable to his earnings structure.
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. (Not Met)
The AAO reserved judgment on this criterion, as the initial evidentiary requirement of three criteria was not met, making a full merits determination unnecessary.
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. (Not Met)
The AAO reserved judgment on this criterion, as the initial evidentiary requirement of three criteria was not met, making a full merits determination unnecessary.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish satisfaction for at least three categories of evidence. The AAO found that articles submitted were about the Petitioner's books, not about the Petitioner, thus failing the 'published material about the alien' criterion. Additionally, the Petitioner did not provide proper comparative data for royalty-based remuneration to satisfy the 'high salary' criterion, as the submitted data was for traditional salaries.
Evidence
Evidence Types
Published Material
Original Contributions
Exhibitions
High Salary
Evidence Submitted
- seven screenshots of articles from chosun.com, hani.co.kr, cine21.com, gokorea.kr, artinsight.co.kr (2), and munhaknews.com
- sales revenue for two books
- publishing agreement detailing 3 million KRW down payment and royalty structure (10% up to 50,000 copies, 11% up to 100,000 copies, 12% above 100,000 copies)
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-05.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 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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