remanded EB-1A RFE Issued

Machine Learning Research Scientist

Machine Learning / Artificial Intelligence · 2024-07-11

Decision Date
2024-07-11
Location
California
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 (Met)

The Director and AAO agreed the Petitioner participated as a judge of the work of others in the field.

Scholarly Articles (Met)

The Petitioner demonstrated authorship of scholarly articles in professional or major trade publications.

High Salary (Met)

The Petitioner provided a 2021 W-2 of $351,289.74 and comparative BLS data showing this significantly exceeds the average for his occupation in California.

Original Contributions (Not Met)

The Director found the evidence insufficient to establish original contributions of major significance, and the AAO did not need to reach a conclusion on this as three other criteria were met.

Why This Petition Was Remanded

The Petitioner met three criteria: judging (iv), scholarly articles (vi), and high salary (ix). Specifically, his 2021 compensation of over $351,000 significantly exceeded the BLS average of $146,770 for software developers in California. The Director's initial denial was withdrawn because the Petitioner successfully demonstrated he met the minimum of three regulatory criteria.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested further evidence for original contributions and high salary; the Petitioner provided performance summaries, W-2s, and BLS wage surveys.

RFE Targets
Original ContributionsHigh Salary

Evidence

Evidence Types
Scholarly Articles
Judging Experience
High Salary
Evidence Submitted
  • Judging the work of others in the field
  • Authorship of scholarly articles in professional or major trade publications
  • 2021 IRS Form W-2 showing compensation of $351,289.74
  • Employment agreement for Principal Engineer with $180,000 base salary plus stock options
  • U.S. Bureau of Labor Statistics (BLS) comparative wage data

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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: 2024-07-11.

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At a Glance

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

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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