dismissed EB-1A RFE Issued

Systems Administrator Specializing In Cyber Security

Cybersecurity And Computer Science · 2024-12-18

Decision Date
2024-12-18
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
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Met)

The Director initially concluded this criterion was met, and the AAO did not explicitly overturn this finding, thus it stands as met for the purpose of criteria count.

Membership in associations requiring outstanding achievements (Not Met)

The petitioner's general membership in ISSA did not demonstrate that the association requires outstanding achievements as judged by recognized national or international experts for admission, failing to meet the plain language of the regulation.

Authorship of scholarly articles in the field, in professional or major trade publications or other major media (Not Met)

The petitioner's submitted papers and presentation were identified as graduate program course requirements and lacked evidence of publication in professional or major trade publications or other major media, leading the AAO to withdraw the Director's initial finding that this criterion was met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate eligibility for extraordinary ability. The petitioner did not receive a major internationally recognized award and failed to meet at least three of the ten evidentiary criteria. Specifically, the criterion for 'membership in associations' (8 C.F.R. § 204.5(h)(3)(ii)) was not met as the ISSA membership did not require outstanding achievements judged by experts. The criterion for 'authorship of scholarly articles' (8 C.F.R. § 204.5(h)(3)(vi)) was also not met because the submitted papers were graduate course requirements and not published in professional or major trade publications or other major media. Although the Director initially found the 'original contributions' criterion met, the overall count of met criteria remained insufficient.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to demonstrate that ISSA requires outstanding achievements for membership judged by experts and to establish that the petitioner's articles were published in professional publications, trade publications, or other major media. The petitioner reasserted eligibility but did not provide the requested evidence to address the deficiencies.

RFE Targets
Membership in associations requiring outstanding achievementsAuthorship of scholarly articles in the field, in professional or major trade publications or other major media

Evidence

Evidence Types
Professional Memberships
Scholarly Articles
Original Contributions
Evidence Submitted
  • membership in International Systems Security Association (ISSA)
  • authorship of scholarly articles (graduate program course requirements)
  • original contributions in the field

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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: 2024-12-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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