remanded EB-1A
Senior Software Engineer, API
Online Marketplace For Images, Music, And Other Editing Tools · 2024-08-30
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 metAuthorship of Scholarly Articles (Met)
The Beneficiary published scholarly work in his field in at least three required publication types.
High Salary or Remuneration (Met)
The Beneficiary's salary was above the 89th percentile for Software Developers in the relevant location and year.
Leading or Critical Role (Met)
The Beneficiary performed a critical role by building ad-pacing services essential for the organization's success and competitive standing.
Published Material About the Alien (Not Met)
The submitted articles were about broader IT topics and merely referenced the Beneficiary's work rather than being 'about' him.
Original Contributions of Major Significance (Not Met)
The Director found this criterion not met, and the AAO did not reach a separate conclusion as three other criteria were already satisfied.
Why This Petition Was Remanded
The Petitioner satisfied the scholarly articles criterion through publications in at least three required types. The high salary criterion was met as the Beneficiary's earnings exceeded the 89th percentile ($157,477 Level 4 wage). The leading or critical role criterion was satisfied by evidence of the Beneficiary's impactful work on ad-pacing services for a distinguished online marketplace, which was noted by regulatory bodies for its innovative potential.
Evidence
Evidence Types
Peer Reviewed Publications
Citations
Patents
High Salary
Reference Letters Dependent
Published Material
Evidence Submitted
- Authorship of scholarly articles in at least three publication types
- Patents (referenced in citations)
- Salary documentation exceeding the 89th percentile for the field
- Evidence of critical role in developing ad-pacing services
- Citations of the Beneficiary's work in other scholarly articles
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-30.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 3 / 3
Evidence Types 6
EB-1A Case Data
Scraped Case Data
Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300
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