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dismissed EB-1A RFE Issued

Business Consultant And Executive

Business Management And Business Consulting · Georgia · 2025-02-03

Decision Date
2025-02-03
Location
Pennsylvania
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
Published material about the alien in professional or major media (Met)

The Director concluded this criterion was met through the Petitioner's work as general director of a beauty supply distributorship, which attracted some media attention. The AAO did not disturb this conclusion.

Leading or critical role for distinguished organizations or establishments (Met)

The Director concluded this criterion was met through the Petitioner's work as the general director of a company that served as Georgia's marketer and distributor of a brand of hair care products. The AAO did not disturb this conclusion.

Membership in associations that require outstanding achievements (Not Met)

The Petitioner failed to provide objective documentary evidence, such as bylaws or reviewer qualifications, to establish that her memberships in ISFP and BPW Georgia required outstanding achievements judged by national or international experts.

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

The Petitioner documented various activities but failed to provide evidence showing these activities amounted to judging the work of others in her field or an allied field, despite claims of selecting designers or evaluating vocational education reform.

Original contributions of major significance (Not Met)

The Petitioner described business plans and real estate projects, but the submitted materials did not explain or establish how these projects were of major significance to the field. Contributions made after the petition filing date were also not considered.

Authorship of scholarly articles (Not Met)

The Petitioner claimed authorship of a strategic development program and a newspaper article, but failed to establish that these were scholarly articles published in professional or major trade publications or other major media, or that the newspaper article was scholarly in nature.

High remuneration for services (Not Met)

The Petitioner submitted a letter from a former employer stating her salary was five times higher than the average project manager in Georgia, but failed to provide objective documentary evidence to corroborate her salary or establish comparative data for others in the field.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to provide sufficient objective evidence to meet at least three of the ten EB-1A criteria. Specifically, the Petitioner did not adequately demonstrate membership in associations requiring outstanding achievements, participation as a judge of others' work, original contributions of major significance, authorship of scholarly articles, or high remuneration. While two criteria (published material and leading role) were initially met, the evidence was not sustained, and the record did not show the Petitioner was among the small percentage at the very top of her field, especially lacking sustained prominence in later years.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested objective documentary evidence for the membership criterion, including association bylaws and qualifications of reviewers. It also sought clarification and supporting evidence for the petitioner's judging roles, specific detailed examples of major significance for original contributions, evidence conforming to the scholarly article criterion, and comparative data for the high salary claim. The petitioner's response included more letters and unsupported claims, failing to provide the requested objective documentation.

RFE Targets
Membership in associations that require outstanding achievementsParticipation as a judge of the work of othersOriginal contributions of major significanceAuthorship of scholarly articlesHigh remuneration for services

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Judging Experience
Original Contributions
Scholarly Articles
High Salary
Media Coverage
Leading Role
Evidence Submitted
  • Membership certificate from the International Society of Female Professionals (ISFP)
  • Unsigned letter on ISFP letterhead
  • Letter and web printout indicating membership on the board of the Georgia office of the Union of Business and Professional Women (BPW Georgia)
  • Letter from BPW Georgia president
  • Statement about judging as National Expert of Georgia for [redacted]
  • Statement about judging as Senior Business Consultant for [redacted]
  • Statement about judging as owner and Director of [redacted]
  • Letter from founder and producer of [redacted] regarding selection of young designers
  • Contract with a business development company for a country report called [redacted]
  • Statement about writing a sophisticated business plan for a fruit & vegetable processing and export hub in West Georgia
  • Statement about initiating a real estate development project for a spa and resort
  • Letter from [redacted] official regarding bonus payments for projects
  • Promotional brochure for the resort project
  • Letter from a choreographer and dance teacher about '[redacted]' project
  • Letter from owner of a dental care facility in Pennsylvania about corporate management services
  • Letter from founder of a charitable foundation in California about securing funding for farmers
  • Statement about writing '[redacted]' (strategic development program)
  • Online newspaper article about the strategic development program
  • Letter from [redacted] regarding monthly gross salary of 25,000 lari and two bonuses

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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: 2025-02-03.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 8

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

Related Pages

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