dismissed EB-1A

Senior Member Technical Staff Information Security Engineer

Information Security Engineer · 2025-02-13

Decision Date
2025-02-13
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
Lesser nationally or internationally recognized prizes or awards for excellence (Not Met)

The 'Honor Roll' for reporting a security vulnerability was not demonstrated to be a nationally or internationally recognized prize for excellence outside of the awarding entity.

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

The citation of the Petitioner's conference paper in a U.S. patent did not establish major significance without evidence of the patent's impact or commercialization.

High salary or other significantly high remuneration for services (Not Met)

The Petitioner failed to provide comparable salary information for a 'senior member technical staff information security engineer,' instead using data for 'Information Security Analyst' which was deemed a lower job classification.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy at least three of the initial evidentiary criteria required for extraordinary ability. Specifically, the 'Honor Roll' award was not shown to be a nationally or internationally recognized prize for excellence. The citation of the Petitioner's 2010 conference paper in a 2016 U.S. patent by a company did not demonstrate major significance without evidence of the patent's impact or commercialization. For the high salary criterion, the Petitioner failed to provide comparable salary information for a 'senior member technical staff information security engineer,' instead comparing to 'Level V Information Security Analyst,' which USCIS deemed a lower job classification.

Evidence

Evidence Types
Awards
Original Contributions
High Salary
Scholarly Articles
Judging Experience
Patents
Evidence Submitted
  • Letter from C-A- (independent security researcher and contributor to I I) regarding CVE-1
  • Petitioner's 2010 conference paper referenced in a 2016 U.S. patent by I I
  • Petitioner's 2010 conference paper referenced in a 2019 U.S. patent by I I
  • Screenshots from salary.com for Level 1-V 'Information Security Analyst'
  • Letters from J-C- and K-G- opining on Petitioner's salary
  • Job verification letters from I I indicating position as 'Sr. MTS Information Security Eng.'

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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: 2025-02-13.

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At a Glance

Outcome dismissed
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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