dismissed EB-1A RFE Issued

Executive Protection Consultant/Team Lead

Protective Security Services · South Africa · 2024-06-21

Decision Date
2024-06-21
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
High salary or other significantly high remuneration (Met)

The Director determined that the Petitioner met the plain language requirements for this criterion.

Membership in associations requiring outstanding achievements (Not Met)

Membership in the Ronin alumni association was based on completing a training course and fitness tests, not outstanding achievements judged by experts.

Leading or critical role for organizations with a distinguished reputation (Not Met)

Letters provided general duties and bare assertions of being an 'invaluable asset' without specific examples of significant impact on the organization.

Why This Petition Was Denied

The Petitioner satisfied only one of the ten EB-1A criteria (high remuneration), failing to meet the minimum requirement of three. The membership criterion was not met because the alumni association required only course completion and fitness, not outstanding achievements. The leading or critical role criterion was not met because the evidence did not show how the Petitioner's duties as a Team Leader impacted the organizations in a way marked by eminence or excellence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the membership and leading role criteria; the Petitioner provided additional letters and website printouts which were deemed insufficient.

RFE Targets
Membership in associations requiring outstanding achievementsLeading or critical role for organizations with a distinguished reputation

Evidence

Evidence Types
High Salary
Professional Memberships
Reference Letters Dependent
Evidence Submitted
  • High remuneration for services (8 C.F.R. § 204.5(h)(3)(ix))
  • Membership in Ronin South Africa's alumni association (rejected)
  • Leading or critical role as Executive Protection Consultant/Team Lead (rejected)
  • Completion of Hostile Environment Close Protection Course (2018)

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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: 2024-06-21.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 3

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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