How common are denied EB-1A petitions?

EB-1A petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the massage therapist industry affect EB-1A petition outcomes?

The massage therapist sector has unique considerations for EB-1A petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-1A RFE Issued

Massage Therapist

Massage Therapist · 2025-01-27

Decision Date

2025-01-27

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

Evidence of judging the work of others, either individually or on a panel (Met)

The Director and AAO concluded that the Petitioner satisfied the judging criterion.

Membership in associations in the field which require outstanding achievements of their members (Not Met)

The Petitioner did not claim eligibility under this criterion before the Director and failed to provide evidence of the approval process for acceptance into the National Federation of Massage Therapists, thus not meeting the plain language requirements.

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

The Petitioner claimed an adaptive method blending traditional Thai massage with modern therapeutic procedures but failed to demonstrate the impact of this technique on the field as a whole, or provide specific, corroborated evidence of its major significance.

Evidence of having performed in a leading or critical role for organizations or establishments that have a distinguished reputation (Not Met)

The AAO reserved a decision on this criterion as it was unnecessary to numerically meet the required number of criteria, but the Director had previously declined to grant it.

Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field (Not Met)

The Petitioner provided evidence of annual earnings but relied on comparative data for professions different from his own, failing to demonstrate his salary was significantly high in relation to others specifically in his field.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirement of either a one-time major internationally recognized award or at least three of the ten regulatory criteria. Specifically, the Petitioner only satisfied the 'judging the work of others' criterion, while failing to meet 'membership in associations', 'original contributions of major significance' (due to lack of demonstrated impact of his adaptive method blending traditional Thai massage with modern therapeutic procedures), and 'high salary or significantly high remuneration' (due to irrelevant comparative data).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE appears to have mistakenly considered the Certificate from the National Federation of Massage Therapists under the membership criterion, which the Petitioner had intended for the leading or critical role requirement. The petitioner did not adequately address the RFE's implicit request for proper evidence for the membership criterion.

RFE Targets

Membership in associations in the field which require outstanding achievements of their membersEvidence of having performed in a leading or critical role for organizations or establishments that have a distinguished reputation

Evidence

Evidence Types

Professional Memberships

Original Contributions

High Salary

Judging Experience

Evidence Submitted

Certificate from the National Federation of Massage Therapists (considered under leading or critical role, not membership)
Evidence relating to annual earnings in 2022
Claims of an adaptive method blending traditional Thai massage with modern therapeutic procedures

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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: 2025-01-27.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 3

Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

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