dismissed EB-1A

Attorney

Law · Brazil · 2025-04-15

Decision Date
2025-04-15
Location
Parana
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
Published Material (Not Met)

Articles submitted were about specific cases or shows rather than the petitioner himself, and some lacked required author identification.

Original Contributions (Not Met)

Letters of support and media coverage of cases did not demonstrate that the petitioner's work had a majorly significant impact or influenced the field of law as a whole.

Scholarly Articles (Not Met)

The submitted article was not considered scholarly as it did not report on original research or peer-reviewed discourse, and the publication platform was not shown to be major media.

Leading or Critical Role (Not Met)

The petitioner failed to provide evidence that his law firm or the associated organizations possessed a distinguished reputation.

High Salary (Not Met)

The petitioner compared his partner-level salary to general lawyers and used 2024 data to compare against 2022 earnings.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three EB-1A criteria; specifically, the published materials were not 'about' the petitioner, and the original contributions lacked evidence of major significance in the legal field. While the petitioner provided letters of support and salary data, the letters lacked specific examples of field-wide influence, and the salary data compared a law firm partner to general lawyers using non-contemporaneous metrics. No criteria were found to be satisfied upon de novo review.

Evidence

Evidence Types
Original Contributions
High Salary
Professional Memberships
Evidence Submitted
  • Article in Investidura.com regarding legal topics
  • Media coverage of criminal defense cases in various Brazilian outlets
  • Letters of support from colleagues and a Judge in Parana
  • Income tax returns for fiscal year 2023/2022
  • Salary Calculator Report from Salaryexpert.com (2024)

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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: 2025-04-15.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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