dismissed EB-1A
Partner In A Capital Management Firm
Capital Management Firm · 2024-03-12
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 metJudging (Met)
The Director determined the Petitioner met the criterion for participation as a judge of the work of others.
Leading Role (Met)
The Director determined the Petitioner met the criterion for a leading or critical role for organizations with a distinguished reputation.
Published Material (Not Met)
The evidence regarding Venture Capital Journal lacked comparative circulation data to prove it is a major trade publication.
Why This Petition Was Denied
The motion to reconsider was dismissed as untimely (filed 45 days after the decision). The motion to reopen was dismissed because the Petitioner failed to establish the third required criterion (published material), as the record lacked circulation and comparative data for Venture Capital Journal. Additionally, the Petitioner did not demonstrate that the delay in filing was beyond his control.
Evidence
Evidence Types
Judging Experience
Leading Role
Published Material
Evidence Submitted
- Participation as a judge of the work of others
- Leading or critical role for organizations with a distinguished reputation
- Published material in Venture Capital Journal (determined not to meet major trade publication standards)
- Metrics concerning a journal titled Venture Capital
- Website traffic data for VCJ
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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: 2024-03-12.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 2 / 3
Evidence Types 3
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
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