How common are denied EB-1A petitions?

EB-1A petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the confectionary and chocolate-making industry industry affect EB-1A petition outcomes?

The confectionary and chocolate-making industry sector has unique considerations for EB-1A petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-1A RFE Issued

Pastry Chef

Confectionary And Chocolate-Making Industry · Russia · 2024-08-06

Decision Date

2024-08-06

Location

Nebraska

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

Judging (Met)

The Director found that the Petitioner met the evidentiary criterion relating to judging.

Original Contributions (Not Met)

Letters from colleagues used identical language and failed to show the Petitioner's work remarkably impacted the field beyond his employers.

Leading or Critical Role (Not Met)

The Petitioner did not provide sufficient evidence of the organization's distinguished reputation or resolve inconsistencies regarding his specific role.

High Salary (Not Met)

The record lacked sufficient comparative salary data to show the Petitioner's remuneration was high in relation to others in the field.

Scholarly Articles (Not Met)

A step-by-step cake tutorial in a hobbyist magazine does not constitute a scholarly article written for learned persons.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria. Specifically, the evidence for original contributions lacked probative value due to identical language in letters, and the 'BBQ Cake Tutorial' was not considered a scholarly article for learned persons.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the significance of contributions, proof of the employer's reputation, and comparative salary data. The Petitioner provided additional letters and a tutorial, but these did not satisfy the regulatory requirements.

RFE Targets

Original ContributionsLeading or Critical RoleHigh SalaryScholarly Articles

Evidence

Evidence Types

Judging Experience

Original Contributions

High Salary

Scholarly Articles

Evidence Submitted

Judging experience (8 C.F.R. § 204.5(h)(3)(iv))
Letters from employers and colleagues
Founder and CEO role at M-
Certificate of income and taxation data (2018)
BBQ Cake Tutorial published in C- magazine (2019)

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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

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-06.

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At a Glance

Outcome dismissed

RFE Issued

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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