dismissed EB-1A RFE Issued
Oil And Gas Specialist
Oil And Gas · India · 2023-08-18
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
2 of 3 criteria metJudging (Met)
The Petitioner participated as a judge of the work of others in his field.
Scholarly Articles (Met)
The Petitioner published scholarly articles in his field.
Original Contributions (Not Met)
Evidence such as readership stats and a book published after filing did not demonstrate a major impact on the field as of the filing date.
Leading or Critical Role (Not Met)
The Petitioner did not establish that his past employers were organizations with distinguished reputations.
High Salary (Not Met)
The Petitioner's salary was lower than the 90th percentile and mean wages for comparable roles in the Texas oil and gas industry.
Why This Petition Was Denied
The Petitioner's salary of $180,165 was below the 90th percentile for engineering managers in the Texas oil and gas industry ($214,230). Evidence for original contributions, such as a book and readership analytics, either postdated the filing or lacked proof of major impact on the field. Additionally, the Petitioner failed to provide objective evidence that his former employers possessed distinguished reputations.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued an RFE for documentation supporting the criteria; the Petitioner submitted evidence that was largely post-dated or lacked sufficient impact.
RFE Targets
Original Contributions
Evidence
Evidence Types
Peer Reviewed Publications
Awards
Reference Letters Dependent
Conference Presentations
Judging Experience
Original Contributions
High Salary
Evidence Submitted
- Judging the work of others
- Scholarly articles
- Book publication (post-filing)
- Academia.edu readership analytics
- Speaking and publication invitations
- Philosophy document for the Petroleum Exploration and Production Association of New Zealand
- Support letters from K-V- (Wood), P-P-, and S-G
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-08-18.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 7
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
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