dismissed EB-1A RFE Issued

Chief Financial Officer

Financial Services · Canada · 2024-04-11

Decision Date
2024-04-11
Location
Ontario
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
Membership in Associations (Not Met)

The Petitioner failed to provide bylaws or evidence that membership requires outstanding achievements as judged by national or international experts.

Published Material (Not Met)

The submitted materials were either brief announcements of a job title or articles about the employer's projects, not about the Petitioner's specific work.

Judging (Not Met)

The evidence lacked specific details such as dates, competition titles, or names of individuals judged to confirm actual participation.

Original Contributions (Not Met)

While the Petitioner's work was valued by his employers, there was no evidence that his methodologies had a major significance on the field as a whole.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three EB-1A criteria. The membership criterion was unmet as no bylaws or governing principles were provided; the published material criterion was unmet because the articles were about the employer's projects; and the judging criterion lacked specific dates and competition titles. Additionally, the original contributions were deemed to have impact only on specific companies rather than the field as a whole.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested specific documentation for memberships, judging, and contributions; the Petitioner responded with testimonial letters that lacked corroborating evidence.

RFE Targets
Membership in AssociationsPublished MaterialJudgingOriginal Contributions

Evidence

Evidence Types
Professional Memberships
Media Coverage
Judging Experience
Original Contributions
Reference Letters Dependent
High Salary
Evidence Submitted
  • Membership in Chartered Professional Accountants of Ontario (CPAO)
  • Executive membership with an unnamed organization
  • Reuters.com announcement of CFO appointment
  • Rumbominero.com articles regarding the OCA Lithium Project
  • Judging for Distributive Education Clubs of America (DECA)
  • Judging case competitions at the University of Toronto
  • Recommendation letters from C-A-, S-W-, and R-S-

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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: 2024-04-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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