dismissed EB-1A RFE Issued
Data Scientist
Information Technology Company · 2024-06-05
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
2 of 3 criteria metJudging the work of others (Met)
The Director originally found this criterion met; while the AAO withdrew the scholarly articles criterion, it did not explicitly overturn the judging finding, though it noted only two criteria were ultimately satisfied.
Published material about the alien (Met)
The Director found this criterion met, and it remained one of the two criteria the AAO acknowledged as satisfied.
Authorship of scholarly articles (Not Met)
The AAO withdrew the Director's favorable finding because the Petitioner relied on SiteWorth Traffic data which was deemed unreliable and based on defunct Alexa statistics.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to meet the minimum of three regulatory criteria. Specifically, the AAO withdrew the scholarly articles criterion due to the use of unreliable website traffic data from SiteWorth Traffic, which relied on defunct Alexa statistics. Furthermore, the final merits determination found no evidence of sustained national or international acclaim or a career of acclaimed work.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence that the publications (Bitsight and Towards Data Science) qualified as professional or major trade publications. The petitioner responded with screenshots of traffic estimates.
RFE Targets
Authorship of scholarly articles
Evidence
Evidence Types
Published Material
Judging Experience
Scholarly Articles
Evidence Submitted
- Published material
- Judging
- Authorship of scholarly articles (initially accepted, later withdrawn)
- Articles on Bitsight's blog
- Articles on Towards Data Science website
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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: 2024-06-05.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 2 / 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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