dismissed EB-1A RFE Issued

Data Scientist

Data Science · 2024-08-26

Decision Date
2024-08-26
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
Authorship of scholarly articles (Met)

The Petitioner authored five papers published in scholarly journals or presented at scientific conferences in data science, which the Director and AAO agreed met this criterion.

Participation as a judge of the work of others (Met)

The Petitioner participated as a judge of the work of others in her field, which the Director and AAO agreed met this criterion.

Published material about the alien in professional or major trade publications or other major media (Not Met)

The Petitioner submitted an article from www.inspirationfeed.com, but failed to provide sufficient evidence to establish that the website qualified as a professional or major trade publication or other major medium, despite a specific RFE request.

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

The Petitioner's five papers, despite being cited, lacked sufficient evidence to demonstrate major significance or widespread impact compared to others in the field. Reference letters from collaborators also lacked specific detail or supporting documentation to establish major significance of contributions.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for extraordinary ability. While the Director found two criteria met (scholarly articles and judging), the AAO found the Petitioner did not meet the criterion for published material about her due to insufficient evidence of the medium's major status, nor the criterion for original contributions of major significance, as citation counts (one paper cited only twice) and reference letters lacked sufficient detail to prove major impact in the field of data science. The Petitioner did not meet the minimum three criteria required, thus failing the initial evidence requirements.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued two RFEs, noting missing parts of the record and specifically requesting further information regarding the viewership and status of the website www.inspirationfeed.com to qualify it as a major medium for the 'published material about the alien' criterion. The Petitioner did not provide the requested evidence to address these concerns.

RFE Targets
Published material about the alien in professional or major trade publications or other major media

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Judging Experience
Evidence Submitted
  • authorship of scholarly articles (5 papers)
  • participation as a judge of the work of others
  • reference letters (from former collaborators Dr. N-D-, H-R-, and Dr. V-K-)

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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: 2024-08-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 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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