How common are remanded 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 information and communication technology industry affect EB-1A petition outcomes?

The information and communication technology 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.

remanded EB-1A RFE Issued

Entrepreneur, Inventor, And Scientist

Information And Communication Technology · 2024-12-26

Decision Date

2024-12-26

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

Judging the work of others (Met)

The Director determined that the Petitioner satisfied one criterion related to judging at 8 C.F.R. § 204.5(h)(3)(vi).

Lesser nationally or internationally recognized prizes or awards (Not Met)

The Petitioner claimed to meet this criterion, but the Director's analysis was deemed inadequate by the AAO, lacking specific discussion of evidence.

Published material about the alien in professional or major trade publications or other major media (Not Met)

The Petitioner claimed to meet this criterion, but the Director's analysis was deemed inadequate by the AAO, being copied almost verbatim from the RFE and lacking specific discussion of evidence.

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

The Petitioner claimed to meet this criterion, but the Director's analysis was deemed inadequate by the AAO, lacking specific discussion of evidence submitted in response to the RFE.

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

The Petitioner claimed to meet this criterion, but the Director's analysis was deemed inadequate by the AAO, lacking specific discussion of evidence submitted in response to the RFE.

High salary or other significantly high remuneration for services, in relation to others in the field (Not Met)

The Petitioner claimed to meet this criterion, but the Director's analysis was deemed inadequate by the AAO, being copied almost verbatim from the RFE and lacking specific discussion of evidence.

Why This Petition Was Remanded

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the Petitioner's eligibility under criteria related to published materials, original contributions, leading or critical role, and high salary. The Director's subsequent decision largely reiterated the RFE's language without adequately evaluating the evidence submitted in response, particularly concerning the five claimed criteria and the Petitioner's intent to continue working in the field.

RFE Targets

Published material about the alien in professional or major trade publications or other major mediaOriginal scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the fieldPerformance of a leading or critical role for organizations or establishments that have a distinguished reputationHigh salary or other significantly high remuneration for services, in relation to others in the field

Evidence

Evidence Types

Published Material

Original Contributions

Leading Role

High Salary

Judging Experience

Reference Letters Dependent

Evidence Submitted

published materials
original contributions
leading or critical role
high salary
judging
letters of support

Similar Cases

Others

USCIS EB-1A dismissed

2024-10-01

The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that he is among the small percentage at the very top of his field, despite meeting three initial criteria. Evidence of published material about the Petitioner was limited to 2023-2024, failing to show sustained acclaim over a long period. A single article published in 1990 lacked evidence of citations or sustained acclaim. A leading or critical role in 2014 also lacked evidence of sustained acclaim. Contributions to employers were noted, but major significance to the broader field of Stage Construction and Engineering as it applies to Art, Theatre, and Film Production was not established. Furthermore, the record lacked comparative salary data to prove a high salary in relation to others in the field, which would indicate being at the very top.

Data Scientist

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USCIS EB-1A dismissed

2024-08-20

The appeal was dismissed because, despite the Petitioner satisfying three initial criteria (judging, scholarly articles, and leading role), the evidence did not demonstrate sustained national or international acclaim. The activities cited, such as judging, authoring articles, and holding a leading role, were primarily limited to a short period (2021-2023, mostly 2023) immediately preceding the petition filing in 2023, failing to show a 'career of acclaimed work.' Additionally, memberships in BCS and IEEE were not deemed to require outstanding achievements judged by recognized experts, and the high salary claim lacked comparison to top-level peers with similar experience and responsibilities.

Marketing Manager

Marketing and Advertising · China

USCIS EB-1A remanded

2024-10-30

The Administrative Appeals Office (AAO) found that the Director's decision lacked detailed analysis of the submitted evidence and did not fully explain the reasons for the unfavorable conclusions regarding the claimed criteria. The AAO also noted that the Director failed to identify specific evidence or provide an explanation for the finding of willful misrepresentation, and did not afford the Petitioner an opportunity to rebut this conclusion. Therefore, the AAO withdrew the Director's decision and remanded the matter for further consideration and a new decision.

Entrepreneur

Food and Beverage

USCIS EB-1A rfe dismissed

Colorado 2024-08-16

The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirement of three criteria. Specifically, USCIS found that the claimed awards were not nationally or internationally recognized, the published materials were not in major media, and the claimed judging experience was merely mentorship or on-the-job training, not actual judging of others' work. No specific metrics like publication or citation counts were provided or met.

Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-26.

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At a Glance

Outcome remanded

RFE Issued

Criteria Met 1 / 3

Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 919

Success Rate 53.0%

Sustained 487

Dismissed 315

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