dismissed EB-1A

Senior Security Engineer

IT Security · 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
Judging the work of others (Partially Met)

The Director initially determined this criterion was met, but the AAO reserved a final decision as the Petitioner failed to meet the overall three-criteria threshold.

High salary or other remuneration (Partially Met)

The Director initially determined this criterion was met, but the AAO reserved a final decision as the Petitioner failed to meet the overall three-criteria threshold.

Lesser nationally or internationally recognized prizes or awards (Not Met)

The Petitioner established receipt of the 'I I' award but failed to demonstrate its national or international recognition for excellence in the field beyond the organizing body itself.

Membership in associations requiring outstanding achievements (Not Met)

The Petitioner did not show that senior membership with IEEE requires outstanding achievements or that recognized national/international experts judge such membership, conflating reference requirements with judging.

Published material about the alien (Not Met)

The provided article lacked an author and was about hackers and medical practices, not 'about the alien' or his specific work, despite including a quote from the Petitioner.

Authorship of scholarly articles (Not Met)

The Petitioner's presentations were not demonstrated to be published in professional or major trade publications or other major media; only synopses or announcements were provided, not the actual published material.

Leading or critical role for distinguished organizations (Not Met)

The supporting letter from M-M-made broad, general claims about the Petitioner's leadership and critical roles without providing specific, detailed information or justification to evidence these assertions.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirement of satisfying at least three of the ten EB-1A criteria. Specifically, the Petitioner did not demonstrate national or international recognition for the 'I I' award, failed to show IEEE senior membership required outstanding achievements judged by experts, provided published material not 'about the alien' (lacking author and focusing on general topic rather than Petitioner's work), did not prove presentations were 'published scholarly articles' (only synopses/announcements provided), and lacked specific evidence for 'leading or critical roles' (general claims in support letter). The AAO reserved judgment on the Director's favorable conclusions for judging and high salary criteria, as the overall evidence did not establish the required sustained national or international acclaim.

Evidence

Evidence Types
Awards
Professional Memberships
Media Coverage
Conference Presentations
Leading Role
Judging Experience
High Salary
Evidence Submitted
  • Receipt of I I award in 2013
  • Senior membership with the Institute of Electrical and Electronics Engineers (IEEE)
  • Article on medicaleconomics.com dated I I 2017
  • Presentations such as 'I I 2017'
  • Leading and critical roles as a senior security specialist at ________
  • Judging the work of others
  • High salary or other remuneration

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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 7

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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