How common are approved 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 private international organization industry affect EB-1A petition outcomes?

The private international organization 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.

sustained EB-1A

Senior Director

Private International Organization · Mexico · 2023-02-16

Decision Date

2023-02-16

Location

Texas

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 met

Authorship of Scholarly Articles (Met)

The Petitioner published articles in major media such as The Atlantic, Politico, and Foreign Policy Magazine.

Leading or Critical Role (Met)

The Petitioner served in leading roles as a Consul General and as a senior director for a distinguished international organization.

High Salary (Met)

The Petitioner's 2020 earnings of $494,749 were more than three times the Level IV wage for an economist in his area.

Published Material About the Alien (Not Met)

The Director found this criterion was not met, and the AAO did not need to reach a conclusion on it as three other criteria were satisfied.

Original Contributions of Major Significance (Not Met)

The Director found this criterion was not met, and it was not specifically overturned by the AAO.

Why This Petition Was Approved

The Petitioner satisfied three regulatory criteria: scholarly articles (published in The Atlantic and Politico), leading/critical role (former Consul General and senior director), and high salary ($494,749). The final merits determination noted his role in multi-billion dollar trade deals and recognition by major media outlets like The Wall Street Journal. The totality of evidence showed he is at the very top of the field of business and trade diplomacy.

Evidence

Evidence Types

Scholarly Articles

Media Coverage

Reference Letters Independent

Conference Presentations

Leading Role

High Salary

Evidence Submitted

Authorship of scholarly articles in The Atlantic, Politico, and Foreign Policy Magazine
Book chapter published by the Brookings Institute
Leading role as Mexico's Consul General in Texas
Senior Director role at a private international organization
High salary of $494,749 (more than three times the Level IV economist wage)
Media consultation/commentary in The New Yorker and The Wall Street Journal
Speaking engagements at conferences for well-reputed organizations and universities

Similar Cases

Director

Information Technology

USCIS EB-1A rfe dismissed

2024-07-17

The Petitioner failed the final merits determination because his evidence, including a white paper and '40 Under 40' recognition, did not establish major significance or sustained acclaim. Specific deficiencies included a lack of corroborating evidence for original contributions and unverified salary comparisons from ZipRecruiter.com. While meeting three criteria (judging, scholarly articles, and leading role), the totality of evidence did not show he had risen to the very top of the technology product management field.

Chief Executive Officer (CEO)

Others · China

USCIS EB-1A rfe remanded

2024-07-18

The Petitioner met three criteria: leading or critical role, published material in major media, and high salary. The high salary criterion (8 C.F.R. § 204.5(h)(3)(ix)) was satisfied after the AAO determined that salary discrepancies were due to translation errors in tax documents. The Director's original decision was withdrawn because it lacked a final merits determination.

Consultant

Consulting

USCIS EB-1A remanded

2024-05-20

The Petitioner satisfied three regulatory criteria: original contributions of major significance, leading or critical role, and authorship of scholarly articles. Specifically, the AAO found the Petitioner co-authored an article in the International Annals of Criminology in 2018. Because the three-criteria threshold was met, the previous denial was withdrawn for a full final merits evaluation.

Economist

Others

USCIS EB-1A sustained

2024-11-06

The appeal was sustained because the Director erred in the final merits determination by not evaluating all evidence in its totality to assess sustained acclaim. The Petitioner demonstrated meeting five criteria: awards, published material, judging, original contributions, and authorship of scholarly articles. The evidence, including over 100 scholarly articles published from 2002 to 2022, several books, and an award in 2019, showed a career spanning over two decades, proving sustained national acclaim and positioning the Petitioner among the small percentage at the very top of the economics field.

Frequently Asked Questions

A sustained EB-1A (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

Browse More Cases

More sustained cases More Consulting cases More cases from Mexico

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-02-16.

Browse all cases

At a Glance

Outcome sustained

Criteria Met 3 / 3

Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 919

Success Rate 53.0%

Sustained 487

Dismissed 315

EB-1A Overview EB-1A in Mexico 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