Visalytics
Visalytics
dismissed EB-1A RFE Issued

Lawyer And Legal Entrepreneur

Legal Entrepreneur · 2025-02-05

Decision Date
2025-02-05
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
Lesser nationally or internationally recognized prizes or awards for excellence (Not Met)

The Petitioner acknowledged that the submitted recognitions were not on a national or international scale, thus failing to satisfy this criterion.

Membership in associations that require outstanding achievements (Not Met)

The Petitioner provided documentation of membership in several bar associations but no evidence that these memberships require outstanding achievements as judged by national or international experts.

Published material about the Petitioner in professional or major trade publications or major media (Not Met)

The Petitioner provided URLs to articles but failed to provide independent and objective evidence that the publications were major media, and did not submit certified English translations for foreign language articles.

Original scientific, scholarly, artistic, athletic, or business contributions of major significance (Not Met)

The Petitioner's involvement with the United Nations Population Fund, Human Rights Academy, and Legal Mentor Network was discussed, but the evidence did not demonstrate that her work remarkably impacted or influenced the field.

Performance of a leading or critical role for distinguished organizations or establishments (Not Met)

The Petitioner claimed critical and pivotal roles but did not sufficiently show significant importance to the outcome of the organizations' activities or provide corroborating evidence of her prior employers' distinguished reputation.

High remuneration for services in relation to others in the field (Not Met)

The Petitioner acknowledged insufficient corroborating evidence regarding her salary and failed to submit any additional documentation beyond her appeal brief to clarify her salary.

Display of work at artistic exhibitions or showcases (Not Met)

The Petitioner abandoned this criterion by not addressing the Director's determination on appeal.

Commercial successes in the performing arts (Not Met)

The Petitioner abandoned this criterion by not addressing the Director's determination on appeal.

Why This Petition Was Denied

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence or clarification on the petitioner's claims related to awards, memberships, publications, original contributions, leading roles, and high salary. The petitioner's response on appeal did not provide sufficient new evidence or arguments to overcome the Director's initial concerns.

RFE Targets
Lesser nationally or internationally recognized prizes or awards for excellenceMembership in associations that require outstanding achievementsPublished material about the Petitioner in professional or major trade publications or major mediaOriginal scientific, scholarly, artistic, athletic, or business contributions of major significancePerformance of a leading or critical role for distinguished organizations or establishmentsHigh remuneration for services in relation to others in the field

Evidence

Evidence Types
Awards
Professional Memberships
Media Coverage
Original Contributions
Reference Letters Dependent
High Salary

Similar Cases

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.

Entrepreneur

Food and Beverage

USCIS EB-1A rfe dismissed
Colorado 2024-08-16
The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirement of three criteria. Specifically, USCIS found that the claimed awards were not nationally or internationally recognized, the published materials were not in major media, and the claimed judging experience was merely mentorship or on-the-job training, not actual judging of others' work. No specific metrics like publication or citation counts were provided or met.

Lawyer

Legal Services

USCIS EB-1A dismissed
2025-01-10
The appeal was dismissed because the Petitioner's brief only addressed the original petition denial and her eligibility, rather than challenging the Director's most recent decision to dismiss her combined motion to reopen and reconsider. The AAO found that the Petitioner's failure to address why the Director's motion dismissal contained any erroneous conclusion of law or statement of fact was a sufficient basis for summary dismissal, and by not contesting the motion decision, she abandoned those claims.

Entrepreneur

Information Technology

USCIS EB-1A rfe remanded
2024-12-26
The AAO withdrew the Director's decision and remanded the case because the Director's analysis was insufficient. The decision did not adequately explain the reasons for concluding that the Petitioner failed to satisfy five claimed criteria (lesser awards, published materials, original contributions, leading or critical role, and high salary), nor did it discuss the evidence submitted in response to the RFE. The Director's analysis regarding the Petitioner's intent to continue working was also found to be copied verbatim from the RFE, indicating a lack of proper evaluation of the submitted evidence.

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

More dismissed cases More Legal Services cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-05.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 884
Success Rate 52.7%
Sustained 466
Dismissed 301

Related Pages

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

Get Case Insights

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

Join Waitlist