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dismissed EB-1A RFE Issued

Medical Director

Nonprofit Mental Health Provider · 2024-08-26

Decision Date
2024-08-26
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
High salary or other remuneration (Met)

The Director found that the evidence relating to the Beneficiary satisfied the criterion for a high salary or remuneration.

Participation as a judge of the work of others (Not Met)

The Petitioner failed to provide sufficient evidence that the Beneficiary actually participated as a judge of the work of others in the field, beyond routine job duties. The RFE's specific requests for documentation were not addressed, and the arguments on appeal were deemed insufficient or abandoned.

Membership in associations requiring outstanding achievements (Not Met)

The Director concluded that the evidence did not satisfy the criteria associated with membership.

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

The Director concluded that the evidence did not satisfy the criteria associated with published material.

Performance in a leading or critical role for organizations with a distinguished reputation (Not Met)

The AAO reserved making a decision on this criterion, as even if met, the Beneficiary would still not numerically satisfy the requirement of meeting three criteria.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary met at least three of the ten regulatory criteria for extraordinary ability. Specifically, the 'judging' criterion was not met due to insufficient evidence and the Petitioner's failure to address the Director's specific Request for Evidence (RFE) or provide adequate arguments on appeal. Although 'high salary or remuneration' was met, the 'leading or critical role' criterion was not evaluated as it would not numerically satisfy the three-criteria requirement. Overall, the record did not establish sustained national or international acclaim or that the Beneficiary is among the small percentage at the very top of the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE specifically requested documentation to substantiate the Beneficiary's role as a judge, including independent evidence of the events, work judged, participant level, selection process, and dates. The Petitioner responded by submitting an unrelated court decision instead of the requested evidence, leading to the claim being considered abandoned.

RFE Targets
Participation as a judge of the work of others

Evidence

Evidence Types
High Salary
Professional Memberships
Published Material
Judging Experience
Leading Role
Evidence Submitted
  • high salary or remuneration
  • membership (claimed)
  • published material (claimed)
  • judging (claimed)
  • leading or critical role (claimed)

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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: 2024-08-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 884
Success Rate 52.7%
Sustained 466
Dismissed 301

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