dismissed EB-1A

Process Engineering Manager

Process Engineering · 2024-05-10

Decision Date
2024-05-10
Location
Nebraska
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
Leading or Critical Role (Met)

The Director concluded the Petitioner met his burden to demonstrate a leading or critical role for distinguished organizations or establishments.

Original Contributions of Major Significance (Not Met)

The evidence failed to show the work had already significantly impacted the field as a whole rather than just specific projects or organizations.

High Remuneration (Not Met)

The evidence provided related to a salary earned in 2023, which does not establish eligibility at the time of the 2021 filing.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the ten EB-1A criteria at the time of filing. Specifically, evidence for high remuneration and original contributions was based on facts that came into existence after the 2021 filing date. Additionally, the provided expert letters were deemed conclusory and failed to demonstrate that the Petitioner's contributions were of major significance to the field of process engineering as a whole.

Evidence

Evidence Types
Original Contributions
High Salary
Judging Experience
Professional Memberships
Awards
Reference Letters Dependent
Evidence Submitted
  • Leading or critical role for distinguished organizations (8 C.F.R. § 204.5(h)(3)(viii))
  • High remuneration (salary of $150,000 plus equity/bonuses in 2023)
  • Original contributions of major significance (letters from mentors and suppliers)
  • Participation as a judge (abandoned on appeal)
  • Membership in associations (abandoned on appeal)
  • Lesser nationally or internationally recognized prizes (abandoned on appeal)

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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: 2024-05-10.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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