remanded EB-1A RFE Issued

Confidential Records Specialist

Law And Religion · Brazil · 2024-12-18

Decision Date
2024-12-18
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

3 of 3 criteria met
Leading or Critical Role (Met)

The Director concluded, and the record supports, that the petitioner met this criterion through performance in leading or critical roles for organizations with a distinguished reputation.

Participation as a Judge (Met)

The petitioner's peer review activities for scholarly articles published by I I, including editing and revising content based on subject matter expertise, satisfied this criterion.

Authorship of Scholarly Articles (Met)

The petitioner's co-authored article 'The I I', published in Consulex Legal Review in 2014, was written for learned persons in the legal profession and published in a professional publication, thus satisfying this criterion.

Why This Petition Was Remanded

The AAO withdrew the Director's decision because the petitioner's clarified intent to work as a consultant and advisor in business, focusing on religious freedom and diversity in the workplace, was deemed to fall within the statutory field of 'business'. The AAO found that the petitioner satisfied three evidentiary criteria: (1) performance in leading or critical roles, (2) participation as a judge through peer review activities for scholarly articles, and (3) authorship of a scholarly article titled 'The I I' published in Consulex Legal Review in 2014. With three criteria met, the case was remanded for a final merits determination, as the Director had not performed this step.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested clarification on the petitioner's intended occupation and area of extraordinary ability. The petitioner responded by clarifying intent to work as a consultant and advisor in business, providing a business plan, an expert opinion, and additional reference letters.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Judging Experience
Scholarly Articles
Leading Role
Evidence Submitted
  • bachelor's degree in law from a Brazilian university
  • post-graduate studies in international law, civil law, business administration, and theology
  • Master of Law (LLM) in comparative law
  • enrollment in a doctoral program in law and religion
  • management-level positions in law and public affairs within The I I in Brazil
  • private practice of corporate and business law
  • academic and scholarly activities in the fields of law, religion and human rights
  • membership in a national-level government committee focused on public policies for the promotion of religious freedom in Brazil
  • peer review activities for scholarly articles published by I I
  • co-authored article titled 'The I I' published by Consulex Legal Review in 2014
  • business plan
  • expert opinion
  • additional reference letters

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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: 2024-12-18.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 3 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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