remanded EB-1A

Chief Executive Officer (CEO)

New Market Business Strategist · Russia · 2024-08-27

Decision Date
2024-08-27
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

3 of 3 criteria met
Authorship of scholarly articles (Met)

The Director found, and the AAO agreed, that the Petitioner successfully submitted evidence of her authorship of scholarly articles in her field.

Participation as a judge of others' work (Met)

The AAO found that the Petitioner demonstrated her participation as a jury member at two conferences, judging work in international law, which is an allied field to her expertise in new market business strategy.

Commandment of a high salary or remuneration (Met)

The AAO found that the Petitioner's 2023 salary of $284,700 as CEO exceeded the average and high salaries for business intelligence analysts in the U.S. and the area where she intends to work, based on new evidence accepted on appeal.

Why This Petition Was Remanded

The Director's decision was withdrawn and the case remanded because the AAO found the Petitioner met three of the ten EB-1A criteria, specifically: authorship of scholarly articles, participation as a judge of others' work in international law (an allied field to new market business strategy), and commanding a high salary relative to others in her field. The Director had initially only found one criterion met. The AAO accepted new evidence on appeal for the high salary criterion, which showed her 2023 salary of $284,700 exceeded the average and high salaries for business intelligence analysts.

Evidence

Evidence Types
Scholarly Articles
Judging Experience
High Salary
Evidence Submitted
  • Authorship of scholarly articles in her field
  • Participation as a jury member at the International Conference of Young Scientists in 2014
  • Participation as a jury member at a 2015 regional university student conference
  • 2023 salary of $284,700 as CEO of her legal consulting company
  • Wage data showing salary exceeded average and high salaries for business intelligence analysts in the U.S. and the area where she intends to work

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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: 2024-08-27.

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At a Glance

Outcome remanded
Criteria Met 3 / 3
Evidence Types 3

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

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