dismissed EB-1A
Practicing Attorney Who Owns Her Own Law Firm
Law And Business · Brazil · 2025-04-10
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 metPublished material about the Petitioner (Met)
The Director determined that the Petitioner satisfied the criteria at 8 C.F.R. § 204.5(h)(3)(iii).
Authorship of scholarly articles (Met)
The Director determined that the Petitioner satisfied the criteria at 8 C.F.R. § 204.5(h)(3)(vi) as a published author on labor reform.
Lesser nationally or internationally recognized awards (Not Met)
The submitted awards lacked objective evidence of national or international recognition for excellence specifically in the field of endeavor.
High salary or other significantly high remuneration (Not Met)
The Petitioner failed to provide a fair comparison of her earnings against other similarly situated self-employed attorneys.
Why This Petition Was Denied
The Petitioner satisfied only 2 criteria (published material and scholarly articles) instead of the required 3. Awards like 'Top of Business 2023' and 'Female Personality of the Year' lacked evidence of national recognition for excellence in the specific field. Her salary of R$540,000 was not shown to be high compared to other self-employed attorneys managing multiple businesses.
Evidence
Evidence Types
Awards
High Salary
Evidence Submitted
- Published material about the Petitioner
- Authorship of scholarly articles in professional or major trade publications (topic: labor reform in Brazil)
- Ownership and management of a law firm with 35 employees
- Salary/Remuneration documentation (R$540,000 in 2023)
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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: 2025-04-10.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 2 / 3
Evidence Types 2
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
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