dismissed EB-1A

Attorney And Managing Partner

Law · Brazil · 2024-07-30

Decision Date
2024-07-30
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
Judging the work of others (Met)

Served on Ph.D. dissertation committees and as a tax judge, though lacked evidence of sustained acclaim.

Scholarly articles (Met)

Authored two law books and a chapter, but the most recent was from 2005.

Leading or critical role (Met)

Managing partner of his law firm since 1989, but not shown to be at the very top of the field.

Awards for excellence (Not Met)

Awards from Corporate INTL and Analise Advocacia 500 were not established as nationally or internationally recognized.

Published material about the alien (Not Met)

Articles were either anonymous or merely quoted the petitioner rather than being primarily about him.

Original contributions of major significance (Not Met)

Letters did not sufficiently detail the unusual influence or high impact of his work on the field.

High salary or remuneration (Not Met)

Evidence did not allow for a proper comparison with other similarly employed workers in the geographic area.

Why This Petition Was Denied

The Petitioner failed the final merits determination because his judging experience (Ph.D. theses and tax judge) and scholarly articles (two books and a chapter, last in 2005) lacked evidence of widespread influence or sustained acclaim. His leading role at his law firm and high remuneration (R$10.7 million in 2015) were not sufficiently corroborated as being at the very top of the field compared to peers. Awards from Corporate INTL and Analise Advocacia 500 were not proven to be nationally or internationally recognized for excellence.

Evidence

Evidence Types
Scholarly Articles
Judging Experience
Leading Role
Awards
Media Coverage
High Salary
Original Contributions
Reference Letters Dependent
Evidence Submitted
  • Two law books and one law book chapter (1995-2005)
  • Service as Judge of the Tax and Fees Court (2004-2008)
  • Ph.D. dissertation committee member
  • Managing partner of a Brazilian law firm since 1989
  • Media quotes in Bloomberg, Washington Post, and Valor
  • Total compensation of R$10,713,428 in 2015

Similar Cases

General Manager

Legal Services · Brazil

USCIS EB-1A rfe dismissed
2024-12-06
The motion to reconsider was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that he is among the small percentage at the very top of his field. His judging experience (five Ph.D. thesis reviews) was not deemed indicative of national acclaim. His authorship of two law books and one chapter (1995-2005) lacked corroborating evidence of widespread citation or impact. While he held a leading role as a managing partner, the evidence did not show this role garnered national acclaim. His original contributions, such as arguing a case that declared a law unconstitutional in Brazil, lacked sufficient detail and corroborating evidence of major significance beyond solicited letters. Media coverage was limited and often not about him or his specific work. His reported compensation of R$10,713,428 in 2015 was not adequately compared to other managing partners in his field, and the provided salary data for attorneys was not contemporaneous or reliable for comparison.

Lawyer

Legal Services · Egypt

USCIS EB-1A rfe dismissed
2025-01-08
The appeal was dismissed because the Petitioner failed to satisfy at least three of the ten evidentiary criteria for extraordinary ability. Specifically, membership in the Egyptian Bar Association was deemed mandatory for practicing lawyers, not indicative of outstanding achievement. The Petitioner also failed to identify any distinguished organization for which he held a leading or critical role, and his claims of high remuneration were not supported by comparative evidence. The AAO found that the submitted evidence, including client letters, did not demonstrate the required sustained national or international acclaim.

Director

Consulting

USCIS EB-1A dismissed
2024-10-30
The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary's sustained national or international acclaim or that he is among the small percentage at the very top of his field. Although the Beneficiary met three initial criteria (judging, scholarly articles, leading/critical role), the evidence lacked sufficient significance. Specifically, his judging experience (one committee, one book review) and single authored article (76 citations) were not shown to be widely recognized or impactful compared to top professionals. Recommendation letters and salary were also deemed insufficient to establish widespread acclaim.

Lawyer

Legal Services

USCIS EB-1A rfe dismissed
2025-02-05
The appeal is dismissed because the Petitioner failed to satisfy at least three of the alternate regulatory criteria for extraordinary ability. Specifically, the Petitioner did not demonstrate receipt of nationally or internationally recognized awards, membership in associations requiring outstanding achievements, publications about her in major media (due to lack of certified translations and independent evidence), original contributions of major significance, a leading or critical role for distinguished organizations, or high remuneration for services (due to insufficient corroborating evidence). The Petitioner also abandoned claims for display of work and commercial successes.

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: 2024-07-30.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 3 / 3
Evidence Types 8

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist