Visalytics
Visalytics
dismissed EB-1A

Visa Petition Case

Energy Efficiency · 2024-10-09

Decision Date
2024-10-09
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 met
Published material about the alien in professional or major trade publications or other major media (Not Met)

The Petitioner submitted two articles but failed to establish that the publications (Energy Saving or abok.ru) constitute a professional publication, major trade publication, or other major medium, lacking evidence of professional audience focus or significance of circulation/traffic data.

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

The Petitioner's evidence, including letters and contracts, indicated involvement in business projects but did not demonstrate that these contributions rose to a level of major significance impacting or influencing the overall field of energy efficiency in a major way, being limited to specific projects. The letters lacked specific, detailed information explaining major significance.

Performance in a leading or critical role for organizations or establishments that have a distinguished reputation (Not Met)

The Petitioner demonstrated a leading or critical role for his company but failed to prove that the company enjoys a distinguished reputation. The submitted letters were conclusory and lacked specific details or corroborating evidence to support claims of distinguished reputation or competition against renowned companies.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the Petitioner did not establish that published material about him was in professional or major media, that his original contributions were of major significance to the overall field, or that his organization had a distinguished reputation. The AAO found the evidence, including letters and testimonials, to be conclusory and lacking specific details to corroborate major significance or distinguished reputation. The record did not support a conclusion that the Petitioner established the acclaim and recognition required for the classification.

Evidence

Evidence Types
Media Coverage
Original Contributions
Leading Role
Reference Letters Dependent
Evidence Submitted
  • articles published in Energy Saving and abok.ru
  • letters and testimonials regarding original contributions
  • contracts demonstrating customer trust
  • evidence of performing in a leading or critical role for an organization
  • appreciation letters from experts, customers, peers, government agencies, and suppliers

Similar Cases

Architect

Renewable Energy

USCIS EB-1A dismissed
2024-12-16
The appeal was dismissed because the Petitioner failed to establish eligibility for the 'original contributions of major significance' criterion (8 C.F.R. § 204.5(h)(3)(v)). The recommendation letters provided were deemed insufficient as they limited the significance of the Petitioner's contributions to his employers (e.g., 'annual saving of over a million USD' for one employer, 'saved millions of dollars to bank' for another) rather than demonstrating major significance to the overall field of energy efficiency. USCIS did not evaluate the other claimed criteria (leading or critical role, high salary) because the Petitioner could not fulfill the initial requirement of meeting three criteria.

Entrepreneur

Information Technology

USCIS EB-1A rfe remanded
2024-12-26
The AAO withdrew the Director's decision and remanded the case because the Director's analysis was insufficient. The decision did not adequately explain the reasons for concluding that the Petitioner failed to satisfy five claimed criteria (lesser awards, published materials, original contributions, leading or critical role, and high salary), nor did it discuss the evidence submitted in response to the RFE. The Director's analysis regarding the Petitioner's intent to continue working was also found to be copied verbatim from the RFE, indicating a lack of proper evaluation of the submitted evidence.

Entrepreneur

Automotive

USCIS EB-1A rfe remanded
Texas 2024-02-07
The case was remanded because the Director's decision was insufficient for review, having copied analysis verbatim from a prior denied petition rather than evaluating the new evidence. Specifically, the Director failed to properly assess the 'judging' and 'high salary' criteria based on the current record. The AAO confirmed the Petitioner met the 'scholarly articles' and 'leading or critical roles' criteria but required a re-evaluation of the others to see if the three-criterion threshold was met.

Petroleum Engineer

Petroleum

USCIS EB-1A rfe dismissed
2024-11-18
The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the Petitioner did not provide sufficient documentation for national awards (i), membership in associations requiring outstanding achievements (ii), original contributions of major significance (v), or performing in a leading/critical role for distinguished organizations (viii). The claim for high salary (ix) was not considered as it was raised for the first time on appeal after an RFE. The record did not demonstrate sustained national or international acclaim or that the Petitioner is at the very top of the field.

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

More dismissed cases More Renewable Energy cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-09.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Related Pages

EB-1A Overview All EB-1A Cases EB-1A Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist