How common are denied EB-1A petitions?

EB-1A petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

dismissed EB-1A RFE Issued

Open World Game Design Lead

Q: How does the electronics company that develops video games and manufactures gaming systems industry affect EB-1A petition outcomes?

The electronics company that develops video games and manufactures gaming systems sector has unique considerations for EB-1A petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

Electronics Company That Develops Video Games And Manufactures Gaming Systems · France · 2025-01-28

Decision Date

2025-01-28

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

Leading or critical role for organizations or establishments with a distinguished reputation (Met)

The Director and AAO agreed that the beneficiary satisfied this criterion by holding influential positions with major video game developers.

High salary or other significantly high remuneration for services (Met)

The AAO concluded that the petitioner satisfied this criterion, indicating the beneficiary received high remuneration for services.

Lesser nationally or internationally recognized prizes or awards for excellence (Not Met)

The beneficiary worked on award-winning projects but was not personally named as a recipient of any awards, which is required by the regulation.

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

The submitted articles were not sufficiently shown to be from major trade/professional publications or major media, and some did not substantially discuss the beneficiary's work.

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

The petitioner failed to establish that the beneficiary's contributions had major significance to the broader field of video game design, beyond their importance to specific employers or projects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three of the ten EB-1A criteria. The 'Prizes or Awards' criterion was not met as the beneficiary did not personally receive awards, only worked on award-winning projects. The 'Published Material' criterion was not met because the publications were not shown to be major trade/professional publications and did not substantially discuss the beneficiary's work. The 'Original Contributions' criterion was not met as the major significance of the contributions to the broader field (beyond the employer) was not established. Only 'Leading or Critical Role' and 'High Remuneration' were found to be met, falling short of the required three criteria.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the beneficiary's personal receipt of awards, not just participation in award-winning projects. It also sought proof that published materials were from major media, including circulation data, and evidence of the major significance and field-wide impact of the beneficiary's original contributions. The petitioner responded by reiterating that individual awards are uncommon in the industry, providing social media follower statistics for publications, and asserting the widespread adoption of the beneficiary's design principles without sufficient corroboration.

RFE Targets

Lesser nationally or internationally recognized prizes or awards for excellencePublished material about the individual in professional or major trade publications or other major mediaOriginal scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field

Evidence

Evidence Types

Reference Letters Dependent

Published Material

High Salary

Evidence Submitted

participation in award-winning video game projects
online articles identifying beneficiary by name and title
testimonial letters from industry experts
evidence of high remuneration for services

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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: 2025-01-28.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 2 / 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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