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.

How does the fashion and lifestyle blogging industry affect EB-1A petition outcomes?

The fashion and lifestyle blogging 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.

dismissed EB-1A RFE Issued

Fashion And Lifestyle Blogger

Fashion And Lifestyle Blogging · Russia · 2024-07-16

Decision Date

2024-07-16

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

1 of 3 criteria met

Leading or Critical Role (Met)

The Director previously determined that the Petitioner met this criterion.

Lesser Nationally or Internationally Recognized Prizes or Awards (Not Met)

The YouTube Silver Creator Award is based on subscriber milestones rather than excellence, and other awards lacked evidence of national/international recognition.

Membership in Associations (Not Met)

Memberships were in LGBT rights organizations rather than the specific field of blogging, or lacked evidence of requiring outstanding achievements.

Published Material About the Alien (Not Met)

The Petitioner did not establish that howtogreen.ru qualifies as a major trade publication or major media.

Judging the Work of Others (Not Met)

The evidence did not establish that the judging occurred prior to the filing date, and there were inconsistencies in the documentation.

Original Contributions of Major Significance (Not Met)

While the hashtags were original, there was insufficient evidence that they had a major impact or were widely commercialized in the field.

High Salary (Not Met)

The Petitioner's earnings were above average but did not reach the high end of the salary spectrum for bloggers in Russia.

Commercial Success in the Performing Arts (Not Met)

The Petitioner did not provide sufficient evidence of sales or commercial success relative to others in the field at the time of filing.

Why This Petition Was Denied

The Petitioner failed to meet at least three of the ten evidentiary criteria. Specifically, the YouTube Silver Creator Award was not recognized for excellence in the field, memberships in LGBT organizations were not in the specific field of blogging, and the judging activity occurred after the filing date. Additionally, her salary was above average but not 'high' relative to the top of the field, and evidence of original contributions lacked proof of major significance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought verification of the Petitioner's role as a judge; the response provided letters that were inconsistent and indicated the activity happened post-filing.

RFE Targets

Judging the Work of Others

Evidence

Evidence Types

Awards

Professional Memberships

Published Material

Judging Experience

Original Contributions

High Salary

Commercial Success

Evidence Submitted

YouTube Silver Creator Award (100,000 subscribers)
Article in howtogreen.ru (2021)
Participation as a judge in the Top Blog competition (2021)
Creation of unique hashtags (# and #)
Four license agreements with Instagram bloggers
Bank statements showing earnings of 7,060,590 RUB in 2021
YouTube channel earnings of $26,510.28 (Jan-Apr 2023)

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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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-16.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 3

Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 883

Success Rate 52.8%

Sustained 466

Dismissed 300

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