dismissed EB-1A
Project Manager
Ecology · 2024-10-30
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
0 of 3 criteria metNationally or Internationally Recognized Awards (Not Met)
The letter from the gold mining company was not established to be a prize or award, nor was it for excellence in the petitioner's field of ecology. The previously submitted certificate of merit was not re-evaluated in relation to the new evidence.
Membership in Associations (Not Met)
The letter from the gold mining company did not indicate the petitioner's membership in an association, nor did it relate to previously demonstrated membership.
Why This Petition Was Denied
The second motion to reopen was dismissed because the new evidence, a 2017 letter from a Russian gold mining company, did not satisfy the criterion for nationally or internationally recognized awards (8 C.F.R. § 204.5(h)(3)(i)) as it was not an award and was not established to be for excellence in the petitioner's field of ecology. It also did not satisfy the criterion for membership in associations requiring outstanding achievements (8 C.F.R. § 204.5(h)(3)(ii)) as it did not indicate membership. Since the petitioner failed to meet these two criteria, he could not meet the minimum three evidentiary criteria required for a final merits determination.
Evidence
Evidence Types
Awards
Professional Memberships
Evidence Submitted
- 2017 letter from a Russian gold mining company
- certificate of merit from a Russian ministry
Similar Cases
Project Manager
Environmental Services · Russia
USCIS EB-1A dismissed
2024-07-03
The Petitioner did not satisfy at least three of the ten initial evidentiary criteria. Specifically, the 'awards' criterion was not met because the Certificate of Merit was limited to employees of a single ministry, and the 'memberships' criterion was not met because the association's entry requirements did not equate to 'outstanding achievements' judged by national/international experts.
Unknown Position
Unknown Industry
USCIS EB-1A dismissed
2025-01-30
The motion to reopen was dismissed due to a lack of new facts or documentary evidence. The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. Specifically, the AAO found its reliance on Krasniqi v. Dibbins for merit-based awards was correct, the petitioner's awards were for participation, not excellence. The petitioner also failed to show error in the analysis of the leading or critical role criterion, or the high salary criterion, as no comparative evidence was provided to show the salary was high in relation to others in the field.
Others
Entertainment
USCIS EB-1A rfe dismissed
2024-09-03
The motions to reopen and reconsider were dismissed because the Petitioner failed to present new facts or evidence to overcome the grounds for denial, which stated she did not establish a major internationally recognized award or meet three regulatory criteria. The Petitioner's arguments did not demonstrate legal or factual error in the prior appellate decision, nor did the resubmitted evidence satisfy any regulatory criteria as of the filing date.
Unknown Position
Others
USCIS EB-1A rfe remanded
2024-09-04
The AAO withdrew the Director's decision and remanded the case because the Director incorrectly concluded that the Petitioner did not articulate what evidence was being submitted for consideration under at least three of the 10 initial evidentiary criteria. The AAO found that the Petitioner's RFE response brief clearly articulated evidence for the first, fifth, and ninth criteria, thus necessitating a new decision by the Director.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-30.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist