dismissed EB-1A

CEO/Manager/Entrepreneur

Business · Brazil · 2024-12-18

Decision Date
2024-12-18
Location
Utah
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

1 of 3 criteria met
Performing in a leading or critical role (Met)

The Director determined that the Petitioner provided evidence showing she performed in a leading or critical role, and this finding was not challenged or overturned on appeal.

Participation as a judge of the work of others (Not Met)

The AAO reserved judgment on this criterion, stating that even if met, it would only bring the total met criteria to two, which is less than the required three.

Commanding a high salary or other significantly high remuneration (Not Met)

The Petitioner failed to establish eligibility for this criterion. The provided salary surveys from glassdoor.com and salario.com were deemed insufficient due to small sample sizes, lack of differentiation (region, experience, employer type), and outdated data, thus not providing a valid comparison to demonstrate significantly high remuneration.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to provide initial evidence meeting at least three of the ten EB-1A criteria. Specifically, the high salary criterion was not met as the provided wage surveys (glassdoor.com and salario.com) were deemed insufficient due to small sample sizes, lack of regional/experience differentiation, and outdated data, thus failing to establish significantly high remuneration. The 'leading or critical role' criterion was acknowledged as met, but the 'judging' criterion was reserved as it would not lead to the required three criteria.

Evidence

Evidence Types
Leading Role
High Salary
Judging Experience
Reference Letters Dependent
Evidence Submitted
  • employment verification letters
  • salary information for nurses in Brazil
  • salary information for health services managers and technical responsible nurses throughout Brazil
  • printout from glassdoor.com for technical responsible nurses in Brazil
  • printout from salario.com for Brazilian health services managers

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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: 2024-12-18.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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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