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remanded EB-1A

Paralegal

Law · Kazakhstan · 2025-01-30

Decision Date
2025-01-30
Location
New York
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
Membership in associations that require outstanding achievements (Partially Met)

The Director did not make a merits determination on this criterion, and the AAO remanded the matter for the Director to evaluate it.

Original contributions of major significance (Partially Met)

The Director did not make a merits determination on this criterion, and the AAO remanded the matter for the Director to evaluate it.

Leading or critical role for distinguished organizations or establishments (Partially Met)

The Director did not make a merits determination on this criterion, and the AAO remanded the matter for the Director to evaluate it.

High remuneration for services (Partially Met)

The Director did not make a merits determination on this criterion, and the AAO remanded the matter for the Director to evaluate it.

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

The Director determined that submitted letters and certificates for charitable and volunteer work were not awards or prizes, and the petitioner waived appeal on this issue.

Published material about the individual in professional or major media (Not Met)

The Director concluded that a screen capture of a radio appearance, without a transcript, did not establish published material about the petitioner relating to her work, and the petitioner waived appeal on this issue.

Why This Petition Was Remanded

The Director denied the petition because the petitioner did not establish eligibility under at least three of the ten criteria, specifically rejecting claims for awards and published material. Additionally, the Director concluded that the practice of law does not fall within the enumerated fields for extraordinary ability. The AAO withdrew this decision, agreeing with the petitioner that law can qualify under 'science or art' or 'business', and remanded the case for a merits determination on the remaining four claimed criteria.

Evidence

Evidence Types
Awards
Professional Memberships
Media Coverage
Original Contributions
Leading Role
High Salary
Evidence Submitted
  • letters and certificates for charitable and volunteer work (claimed as awards, rejected)
  • screen capture of petitioner at a Russian-language radio station (claimed as published material, rejected)
  • membership in associations (remanded for determination)
  • original contributions of major significance (remanded for determination)
  • leading or critical role for distinguished organizations or establishments (remanded for determination)
  • high remuneration for services (remanded for determination)

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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: 2025-01-30.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

Related Pages

EB-1A Overview EB-1A in Kazakhstan All EB-1A Cases EB-1A Dashboard

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