dismissed EB-1A

General And Operations Manager

E-Commerce Company · 2024-06-26

Decision Date
2024-06-26
Location
New Jersey
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 (Met)

The Director determined the Petitioner participated as a judge of the work of others in the field.

Leading or Critical Role (Met)

The Petitioner performed in a leading or critical role for an organization with a distinguished reputation.

Awards (Not Met)

The award was limited to the Petitioner's employer and lacked evidence of national or international recognition.

Memberships (Not Met)

The Petitioner did not contest the Director's finding and thus abandoned this claim.

Scholarly Articles (Not Met)

The publications were not established as major trade publications or major media relative to others in the field.

High Salary (Not Met)

The Petitioner's salary was below the 67th percentile for his occupation and geographic area.

Original Contributions (Not Met)

The contributions were significant to the employer but did not demonstrate major significance or widespread adoption in the field as a whole.

Why This Petition Was Denied

The Petitioner failed to meet the awards criterion because the claimed award was internal to his employer and lacked national or international recognition. The scholarly articles criterion was not met as the publications (e.g., DC Velocity, Logistics Management) were not proven to be major media or professional trade publications with significant circulation. The high salary claim was rejected because the Petitioner's salary of $182,000 fell below the 67th percentile for his occupation in New Jersey, and his original contributions were found to be significant only to his employer rather than the field as a whole.

Evidence

Evidence Types
Judging Experience
Leading Role
Awards
Scholarly Articles
High Salary
Original Contributions
Reference Letters Dependent
Evidence Submitted
  • Judging the work of others
  • Leading or critical role for an e-commerce company
  • Blogposts and articles in DCVelocity, Logistics Management, Modern Materials Handling, Supply Chain 24/7, Supply Chain Camp, and Supply Chain Management Review
  • Authorship of articles in CSCMP's Supply Chain Quarterly
  • Earnings data and stock awards
  • Metric and standard operating procedures for employer automation
  • Best practices model for employer

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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: 2024-06-26.

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At a Glance

Outcome dismissed
Criteria Met 2 / 3
Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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