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 nondestructive testing (NDT) industry affect EB-1A petition outcomes?

The nondestructive testing (NDT) 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

NDT Engineer

Nondestructive Testing (NDT) · Egypt · 2025-01-23

Decision Date

2025-01-23

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

Judging (Met)

The record supports the finding that the Petitioner submitted evidence of judging others' work in his field.

Membership in Associations (Not Met)

The evidence showed technical certification rather than membership, and did not establish a requirement for outstanding achievements judged by experts.

Original Contributions (Not Met)

The record lacked detailed, independent evidence that the Petitioner's work was adopted by other organizations or influenced the field at large.

Leading or Critical Role (Not Met)

Letters from contractors lacked sufficient detail to demonstrate the Petitioner's importance to the overall activities of the organizations.

High Salary (Not Met)

The AAO reserved consideration of this criterion as the Petitioner failed to meet the minimum number of other criteria.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner only satisfied one criterion (judging) out of the required three. The evidence for memberships was rejected as it described certification rather than membership; original contributions were not supported by independent evidence of industry-wide adoption; and the leading/critical role evidence lacked specific metrics to show importance to the organizations' overall activities.

Evidence

Evidence Types

Judging Experience

Reference Letters Dependent

Original Contributions

Evidence Submitted

Judging others' work in the field
Technical society certification (highest level)
Letters from engineering and management service providers
Work on Egypt's largest oil refinery project
Online news article regarding contractor sales

Similar Cases

Engineer

Engineering

USCIS EB-1A rfe remanded

2025-03-24

The decision was withdrawn and remanded because the Director failed to consider evidence submitted in response to the RFE and misidentified the Petitioner's professional field. The AAO determined a de novo review was necessary to ensure all evidence, including that related to engineering, is properly evaluated against the regulatory criteria.

Others

Automotive · Brazil

USCIS EB-1A dismissed

Florida 2024-07-11

The appeal was dismissed because the Petitioner only met two of the ten regulatory criteria (published material and judging). Specifically, evidence for original contributions lacked objective proof of broad impact, and the high salary claim was unsupported as the Petitioner's earnings as a business owner were not comparable to technician salaries.

Athlete

Sports · Brazil

USCIS EB-1A rfe dismissed

2025-03-31

The Petitioner failed to respond to specific evidentiary shortcomings identified in an RFE, rendering those arguments procedurally barred on appeal. Substantively, the record lacked evidence of a one-time major achievement or documentation satisfying at least three of the ten EB-1A criteria. The Petitioner did not demonstrate being part of the small percentage at the very top of the field or having a career of acclaimed work.

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 Engineering cases More cases from Egypt

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-23.

Browse all cases

At a Glance

Outcome dismissed

Criteria Met 1 / 3

Evidence Types 3

EB-1A Case Data

Scraped Case Data

Total Cases 883

Success Rate 52.8%

Sustained 466

Dismissed 300

EB-1A Overview EB-1A in Egypt 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