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dismissed EB-1A RFE Issued

Senior Director Of Professional Services

Computer Software Business · 2024-10-24

Decision Date
2024-10-24
Location
California
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
Judging the work of others (Met)

The Director concluded the Beneficiary fulfilled this criterion, and it was not challenged on appeal.

Leading or critical role in distinguished organizations (Met)

The Director concluded the Beneficiary fulfilled this criterion, and it was not challenged on appeal.

Membership in associations requiring outstanding achievements (Not Met)

The Beneficiary's advisory board memberships were by invitation based on accomplishments, but the Petitioner did not demonstrate that these associations require outstanding achievements as judged by recognized national or international experts, lacking substantive review requirements beyond invitation.

Published material about the alien in major media (Not Met)

The podcast interview lacked the required date and author information, and the Petitioner failed to provide independent, objective evidence to establish the podcast's standing as a major trade publication or other major media, relying instead on self-promotional claims.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance (Not Met)

The Beneficiary's contributions, while valuable to the petitioning company and its clients, were not shown to have major significance to the overall field of CEM and EEM technology development and engagement, primarily impacting individual projects rather than the field at large.

High salary or other significantly high remuneration (Not Met)

The Beneficiary's total compensation was not established as significantly high in relation to others in the field, as the comparison data provided (Glassdoor, Indeed, BLS, FLC) either included broad categories ('all industries') or lacked sufficient detail to compare total remuneration, not just base salary.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary met at least three of the ten evidentiary criteria for extraordinary ability. Specifically, claims for memberships, published material, original contributions of major significance, and high salary were not substantiated with objective, independent evidence. The evidence provided for memberships lacked proof of outstanding achievement requirements, published material lacked major media standing, original contributions were limited to company projects rather than the overall field, and salary comparisons were not against similarly employed workers in the field. The decision explicitly states that the Beneficiary did not establish the acclaim and recognition required for the classification, failing to show he is among the small percentage at the very top of his field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested the date and author of the published material (podcast interview) and independent evidence to prove the podcast's standing as major media. It also sought supporting evidence to compare the Beneficiary's total remuneration against similarly employed workers in his geographic area to establish a significantly high salary. The petitioner's response was deemed insufficient.

RFE Targets
Published material about the alien in major mediaHigh salary or other significantly high remuneration

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Professional Memberships
Judging Experience
Original Contributions
High Salary
Leading Role
Evidence Submitted
  • Membership on the Advisory Board for the Customer Experience Certificate Program
  • Membership on the Advisory Board for the Digital Marketing Executive Education Program
  • Interview on The Agile Brand Podcast with Greg Kihlstrom
  • Original contributions in strategic management of Customer Experience Management (CEM) and Employee Experience Management (EEM) technology development and engagement
  • High salary/remuneration of $695,372 in 2021 and $382,135 in 2022
  • Judging under 8 C.F.R. § 204.5(h)(3)(iv)
  • Leading or critical role under 8 C.F.R. § 204.5(h)(3)(viii)

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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: 2024-10-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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