dismissed EB-1A RFE Issued

Senior Quality Assurance Engineer

Information Technology Company In The Real Estate Industry · 2024-08-27

Decision Date
2024-08-27
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
Judging the Work of Others (Not Met)

Mentoring students in a software quality assurance bootcamp is a common responsibility and does not equate to judging the work of others in the field.

Commercial Successes in Performing Arts (Not Met)

The Petitioner did not contest the Director's negative finding on appeal and thus abandoned this claim.

Leading or Critical Role (Not Met)

The court reserved judgment on this criterion as the petitioner already failed to meet the numerical requirement of three.

High Salary (Not Met)

The court reserved judgment on this criterion as the petitioner already failed to meet the numerical requirement of three.

Why This Petition Was Denied

The Petitioner failed to meet the judging criterion because mentoring students at a bootcamp does not constitute judging the work of others in the same or allied field. The commercial success criterion was abandoned on appeal. The remaining claims for leading/critical role and high salary were not evaluated as the Petitioner could not meet the numerical requirement of three criteria.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of actual participation in judging; the petitioner responded by resubmitting the same evidence regarding mentorship which was deemed insufficient.

RFE Targets
Judging the Work of Others

Evidence

Evidence Types
Judging Experience
High Salary
Commercial Success
Evidence Submitted
  • Mentorship and coordination of meetups for a software quality assurance bootcamp
  • Claims of high salary (not evaluated)
  • Claims of leading or critical role (not evaluated)

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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: 2024-08-27.

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At a Glance

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

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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