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dismissed EB-1A RFE Issued

Chief Creative Officer And Partner

Design And Marketing Executive Specializing In The Area Of Aircraft Livery · 2024-06-06

Decision Date
2024-06-06
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 found that the Petitioner met the criterion relating to his participation as a judge of the work of others in his field.

Artistic exhibitions or showcases (Met)

The Director found that the Petitioner met the criterion relating to the display of his work at artistic exhibitions or showcases.

Membership in associations requiring outstanding achievements (Not Met)

Membership in RGD was found to be based on professional competence and experience rather than outstanding achievements judged by experts.

Published material about the alien (Not Met)

While articles were about the Petitioner, the evidence failed to establish that the publications (websites) qualified as major trade or major media.

Leading or critical role (Not Met)

The Petitioner did not challenge the Director's negative finding on this criterion, so it was considered waived.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy at least three of the ten EB-1A criteria. The RGD membership was found to reflect professional competence rather than outstanding achievement, and the submitted articles (e.g., Business Insider, Aviation Week) lacked sufficient context to be classified as major trade or professional media. Consequently, the Petitioner did not establish the sustained national or international acclaim required for the classification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the publications featuring the Petitioner's work were major media; the Petitioner provided SimilarWeb data which the AAO found lacked sufficient context.

RFE Targets
Published material about the alien

Evidence

Evidence Types
Judging Experience
Exhibitions
Published Material
Professional Memberships
Evidence Submitted
  • Participation as a judge of the work of others in the field
  • Display of work at artistic exhibitions or showcases
  • Membership in the Association of Registered Graphic Designers (RGD)
  • Articles in businessinsider.com, cnet.com, wearefinn.com, aviationweek.com
  • Interview in the 1/2023 edition of Metropolitan Airport News

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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: 2024-06-06.

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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 884
Success Rate 52.7%
Sustained 466
Dismissed 301

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