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dismissed EB-1A RFE Issued

Omakase Chef

Culinary Arts · Japan · 2024-08-27

Decision Date
2024-08-27
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
Leading or critical role for distinguished organizations (Met)

As owner and chef of a Michelin-listed restaurant, the Petitioner performs a leading role for an establishment with a distinguished reputation.

High remuneration for services (Met)

The record demonstrates the Petitioner commanded a high salary in relation to others in the field.

Lesser nationally or internationally recognized prizes or awards (Not Met)

Michelin Guide listing and local newspaper rankings do not constitute qualifying prizes or awards for excellence in the field.

Membership in associations that require outstanding achievements (Not Met)

Inclusion in a restaurant guide is not considered membership in an association.

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

Evidence focused on local media; national platforms like Yelp lacked required author credits.

Why This Petition Was Denied

The Petitioner satisfied only two criteria: leading or critical role and high remuneration. The Michelin Guide listing without stars was found to indicate quality but not the level of national/international acclaim required for EB-1A. Media coverage in the Orange County Register and Yelp was classified as local or lacking required author credit, failing the major media criterion.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE challenged the status of publications as major media; the Petitioner provided web traffic data which the AAO found insufficient to prove national/international reach.

RFE Targets
Published material about the individual in major media

Evidence

Evidence Types
Media Coverage
High Salary
Awards
Evidence Submitted
  • Michelin Guide listing for the Petitioner's restaurant
  • High salary/remuneration documentation
  • Yelp national 'best of' lists
  • Orange County Register articles and rankings
  • Eater website local coverage

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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: 2024-08-27.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

EB-1A Overview EB-1A in Japan All EB-1A Cases EB-1A Dashboard

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