remanded EB-1A RFE Issued

Co-Founder And Head Of Engineering

Information Technology Development Firm, Specializing In Strategic Management And Development Of Cloud Networks, Distributed Computing Strategies, Data Analytics, And Artificial Intelligence (AI) Business Intelligence Technologies · 2024-08-15

Decision Date
2024-08-15
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

4 of 3 criteria met
Participation as a judge of the work of others in the same or allied field (Met)

The Director concluded the Petitioner met the plain language requirements for this criterion.

Authorship of scholarly articles in the field, in professional or major trade publications or other major media (Met)

The Director concluded the Petitioner met the plain language requirements for this criterion.

Performed in a leading or critical role for organizations or establishments with a distinguished reputation (Met)

The Director concluded the Petitioner met the plain language requirements for this criterion.

Commanded a high salary or other significant high remuneration for services, in relation to others in the field (Met)

The Director concluded the Petitioner met the plain language requirements for this criterion.

Published material about the individual in professional or major media (Not Met)

The Director concluded this criterion was not met, a finding that was not explicitly overturned but was part of the overall insufficient analysis.

Original contributions of major significance in the field (Not Met)

The Director concluded this criterion was not met, a finding that was not explicitly overturned but was part of the overall insufficient analysis.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) withdrew the Director's decision and remanded the case because the Director's denial lacked sufficient analysis and discussion of the evidence regarding the Petitioner's eligibility as an individual of extraordinary ability. The AAO noted that the Director's conclusory statements did not provide a reasoned consideration of the petition, failing to adequately explain why the Petitioner's evidence was deficient to support his claim of extraordinary ability, despite finding he met four criteria.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the Petitioner's extraordinary ability. In response, the Petitioner provided detailed exhibit listings and explanations of his significant managerial accomplishments and technical innovations, including his role as co-founder and head of engineering at N- (attracting $17.5M in funding), founding engineer at T- (inventor on multiple patents), and software engineer at G- (contributing to QUIC protocol).

RFE Targets
Published material about the individual in professional or major mediaOriginal contributions of major significance in the field

Evidence

Evidence Types
Peer Reviewed Publications
Patents
Media Coverage
Reference Letters Dependent
Original Contributions
High Salary
Judging Experience
Grants
Commercial Success
Evidence Submitted
  • Published material about the individual in professional or major media
  • Participation as a judge of the work of others in the same or allied field
  • Original contributions of major significance in the field
  • Authorship of scholarly articles in the field, in professional or major trade publications or other major media
  • Performed in a leading or critical role for organizations or establishments with a distinguished reputation
  • Commanded a high salary or other significant high remuneration for services, in relation to others in the field
  • Co-founder & head of engineering at N-, a company that has attracted over $17.5 million in funding and revolutionized product analytics with its proprietary AI-enhanced business intelligence platform
  • Founding engineer at T-, where he helped build the company's technological platform and is listed as an inventor on multiple patents
  • Software engineer for G- on its front end (GFE) team, contributing to the initial implementation of G-'s QUIC protocol, which laid the groundwork for http3
  • Letters praising work from co-workers or clients

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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: 2024-08-15.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 4 / 3
Evidence Types 9

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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