dismissed EB-1A
Physical Therapist
Healthcare Sector · Brazil · 2025-04-09
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
1 of 3 criteria metPublished Material (Met)
The Director and AAO agreed the Petitioner submitted sufficient evidence of published material about him and his work.
Original Contributions of Major Significance (Not Met)
While the software was an original contribution, there was no evidence of major significance or widespread adoption in the field.
Leading or Critical Role (Not Met)
The Petitioner performed a leading role for his company, but the company was not shown to have a distinguished reputation.
High Salary (Not Met)
The AAO reserved consideration of this criterion as the Petitioner could not meet the required three criteria regardless of the outcome.
Why This Petition Was Denied
The Petitioner met only one criterion (published material). The 'original contributions' claim was rejected because his software lacked evidence of widespread adoption or substantial influence beyond his own clients, with 'views' data being insufficient. The 'leading or critical role' claim failed because, although he held a leadership position in his own firm, the record did not establish the company had a 'distinguished reputation' marked by eminence or excellence.
Evidence
Evidence Types
Original Contributions
Reference Letters Dependent
High Salary
Evidence Submitted
- Published material about the petitioner and his work
- Development of a downloadable program for evaluating patients in home care
- Six recommendation letters from experts
- Intellectual property rights for a patient assessment tool
- Experience establishing and managing two healthcare companies in Brazil
- Newspaper article (2014) regarding his program and company
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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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-04-09.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
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