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dismissed EB-1A RFE Issued

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Printing And Packaging, With An Emphasis On UV-LED Printing Technology · China · 2023-11-28

Decision Date
2023-11-28
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 met
Published material about the individual (Met)

The AAO concluded that the Petitioner satisfied this criterion based on published material about her in professional or major media.

Authorship of scholarly articles (Met)

The Director and AAO agreed that the Petitioner satisfied this criterion.

Membership in associations requiring outstanding achievements (Not Met)

The association (GPA) consists of collective/organizational members rather than individual members, and the 'Chief Expert' role was an appointment rather than a membership category.

Original contributions of major significance (Not Met)

While the Petitioner holds patents, there was insufficient objective evidence to show these inventions have had a major significance or widespread impact on the field as a whole.

Leading or critical role for distinguished organizations (Not Met)

The Petitioner held a leading role in her company, but the record did not establish the company's distinguished reputation or that her role at GPA was critical to its outcomes.

High salary or other significantly high remuneration (Not Met)

The Petitioner's earnings (salary plus bonuses) could not be accurately compared to industry averages which only reflected base salaries.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner only met two criteria: scholarly articles and published material. The 'original contributions' criterion was not met as patents alone do not prove major significance without evidence of widespread industry adoption. The 'high remuneration' criterion failed because the Petitioner's total compensation (salary plus bonuses) was compared against industry averages of base salary only, preventing a valid comparison. Additionally, the 'leading or critical role' and 'membership' criteria were not satisfied due to lack of evidence regarding the organizations' distinguished reputations and the nature of the Petitioner's individual membership.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for bylaws to prove individual membership, objective evidence of the significance of contributions, and better salary comparisons. The Petitioner provided bylaws that actually contradicted her claim by stating members are 'collective,' and failed to provide new objective metrics for other categories.

RFE Targets
Membership in associations requiring outstanding achievementsOriginal contributions of major significanceLeading or critical role for distinguished organizationsHigh salary or other significantly high remuneration

Evidence

Evidence Types
Peer Reviewed Publications
Patents
Media Coverage
Reference Letters Dependent
Professional Memberships
Original Contributions
High Salary
Evidence Submitted
  • At least thirteen patents
  • Eight computer software copyrights
  • Authorship of scholarly articles
  • Published material in professional or major media (Huanqiu, etc.)
  • Chief Expert appointment with the Guangdong Printing Association (GPA)
  • Council member roles in China Printing Technology Association and GPA
  • Sales documentation to five major customers

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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: 2023-11-28.

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At 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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