remanded EB-1A

Marketing Analyst, Founder And General Manager

Marketing · China · 2024-10-30

Decision Date
2024-10-30
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

1 of 3 criteria met
Performance in a leading or critical role for organizations or establishments having a distinguished reputation (Met)

The Director determined that the Petitioner met this criterion, a finding which was not explicitly challenged or overturned by the AAO in its remand decision.

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

The Director concluded that the Petitioner did not submit sufficient evidence to establish this criterion, a conclusion that the AAO found lacked detailed analysis.

Judging the work of others, either individually or on a panel (Not Met)

The Director concluded that the Petitioner did not submit sufficient evidence to establish this criterion, a conclusion that the AAO found lacked detailed analysis.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Not Met)

The Director concluded that the Petitioner did not submit sufficient evidence to establish this criterion, a conclusion that the AAO found lacked detailed analysis.

Authorship of scholarly articles in the field, in professional or major trade publications or other major media (Not Met)

The Director concluded that the Petitioner did not submit sufficient evidence to establish this criterion, a conclusion that the AAO found lacked detailed analysis.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) found that the Director's decision lacked detailed analysis of the submitted evidence and did not fully explain the reasons for the unfavorable conclusions regarding the claimed criteria. The AAO also noted that the Director failed to identify specific evidence or provide an explanation for the finding of willful misrepresentation, and did not afford the Petitioner an opportunity to rebut this conclusion. Therefore, the AAO withdrew the Director's decision and remanded the matter for further consideration and a new decision.

Evidence

Evidence Types
Published Material
Leading Role
Original Contributions
Scholarly Articles
Judging Experience
Evidence Submitted
  • published two books in the field of marketing
  • performance in a leading or critical role for organizations or establishments having a distinguished reputation

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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: 2024-10-30.

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At a Glance

Outcome remanded
Criteria Met 1 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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