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 hospital industry affect EB-1A petition outcomes?

The hospital 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

Rehabilitation Therapist

Hospital · 2024-12-18

Decision Date

2024-12-18

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

Receipt of lesser nationally or internationally recognized prizes or awards (Not Met)

The certificate of excellence in ceramics and the art department scholarship were deemed not to be nationally or internationally recognized prizes for excellence in the Beneficiary's field of art therapy, as they were limited to students and local institutions, and their significance was not established. The 'certification from the I I' was considered a professional credential, not a prize or award.

Membership in associations which require outstanding achievements of their members (Not Met)

Membership in Sigma Alpha Lambda and Phi Theta Kappa was found not to meet the criterion because these academic honor societies are open to secondary students in any field and membership is based on GPA, not outstanding achievements in art or rehabilitative therapy as judged by national/international experts.

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

This criterion was asserted but not evaluated by the AAO, as the petition failed to meet the minimum three required criteria with the other evaluated evidence.

Evidence of having performed in a leading or critical role for organizations or establishments with distinguished reputations (Not Met)

This criterion was asserted but not evaluated by the AAO, as the petition failed to meet the minimum three required criteria with the other evaluated evidence.

Why This Petition Was Denied

The AAO found that the claimed awards (certificate of excellence in ceramics, art department scholarship) were not nationally or internationally recognized prizes for excellence in the Beneficiary's field of art therapy, as they were limited to students and local institutions, and their significance was not established. The 'certification from the I I' was deemed a professional credential, not a prize. Membership in academic honor societies (Sigma Alpha Lambda, Phi Theta Kappa) did not qualify as they were not restricted to individuals with outstanding achievements in art or rehabilitative therapy, nor judged by national/international experts, and membership was based on GPA. Since only two other criteria (original contributions and leading role) were asserted and three are required, the AAO did not evaluate them, concluding the petition failed to meet the minimum criteria.

Evidence

Evidence Types

Awards

Professional Memberships

Original Contributions

Leading Role

Evidence Submitted

certificate of excellence in ceramics
art department scholarship
certification from the I I
membership in Sigma Alpha Lambda
membership in Phi Theta Kappa
original contributions of major significance to the field
performing in a leading or critical role for organizations or establishments with distinguished reputations

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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: 2024-12-18.

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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

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