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dismissed EB-1A RFE Issued

Founder And Principal Designer

Interior Design Firm · 2024-04-26

Decision Date
2024-04-26
Location
New York City
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)

The Petitioner's role as an 'Insider' providing opinions on products at trade shows was considered promotional activity rather than the direct assessment of individual peers.

Original contributions of major significance (Not Met)

While the work was original and highly regarded by experts, there was no evidence it was widely implemented or remarkably impacted the field overall.

High salary or remuneration (Not Met)

The salary was higher than the mean for interior designers but did not establish the Beneficiary was in the small percentage at the very top of the field compared to other leading designers.

Why This Petition Was Denied

The Petitioner failed to meet the minimum of three EB-1A criteria; specifically, the judging criterion was not met as the 'Insider' role was deemed promotional rather than peer review, and the original contributions were not shown to be of major significance to the field. The salary evidence was deemed unreliable or insufficient to show the Beneficiary was at the top of the field compared to experienced designers in New York. No major internationally recognized award was established.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for several criteria; the Petitioner argued for comparable evidence for judging and provided tax advisor statements for salary, which were found insufficient.

RFE Targets
Judging the work of othersOriginal contributions of major significanceHigh salary or remuneration

Evidence

Evidence Types
Awards
Media Coverage
Judging Experience
Original Contributions
High Salary
Reference Letters Independent
Evidence Submitted
  • Participation in an annual show house (2014)
  • Interior design projects published in regional shelter magazines (2014, 2015)
  • Role as an 'Insider' for an industry organization visiting trade shows
  • Tax advisor letter stating earnings between $90,000 - $110,000
  • Reference letters from industry experts (President of a design school, magazine officials)

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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: 2024-04-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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