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dismissed EB-1A RFE Issued

Entrepreneur

Real Estate Development Field · Bulgaria · 2024-09-06

Decision Date
2024-09-06
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 alien in professional or major trade publications or other major media (Met)

The Petitioner provided articles from multiple news sources, and the Director's conclusion that this criterion was met was not disturbed.

Performance in a leading or critical role for organizations or establishments that have a distinguished reputation (Met)

The Petitioner provided evidence related to several companies he founded, and the Director's decision that this criterion was met was not disagreed with.

Lesser nationally or internationally recognized prizes or awards (Not Met)

The Petitioner did not establish receipt of lesser nationally or internationally recognized prizes or awards and did not contest the Director's findings on appeal, thus waiving this criterion.

Commanded a high salary or other significantly high remuneration for services (Not Met)

The Petitioner's claims regarding outside investment and equity holdings were not presented to the Director and thus not considered on appeal. The initial profit and loss information was deemed insufficient to meet the plain language requirements of this criterion.

Membership in associations which require outstanding achievements of their members (Not Met)

The Petitioner failed to demonstrate that the Bulgarian Investment and Construction Association (BISA) required outstanding achievements as an essential condition for admission to membership, as judged by recognized experts.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Not Met)

The Petitioner's contributions in real estate development, while successful in his home country, were not shown to have made an original, major significant contribution to the field as a whole, lacking evidence of widespread influence or application.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements of either a one-time major internationally recognized award or at least three of the ten regulatory criteria. Specifically, the Petitioner did not contest the denial of the 'prizes or awards' criterion. The 'high salary' criterion was denied because new claims and evidence regarding outside investment and equity holdings were not presented to the Director. The 'membership' criterion was not met as the Bulgarian Investment and Construction Association (BISA) did not require outstanding achievements as a condition for membership. The 'original contributions' criterion was not satisfied because the Petitioner's work, while successful in his home country, was not shown to have made an original, major significant contribution to the field as a whole, lacking evidence of widespread application or emulation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director's Request for Evidence (RFE) put the Petitioner on notice regarding the 'high salary' criterion, prompting new claims on appeal about outside investment and equity holdings. However, these new arguments and evidence were not considered because they were not presented to the Director, leading to the RFE concerns not being satisfactorily addressed.

RFE Targets
Commanded a high salary or other significantly high remuneration for services

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Professional Memberships
Original Contributions
Leading Role
High Salary
Evidence Submitted
  • articles from multiple news sources (published material)
  • evidence related to several companies the Petitioner founded (leading or critical role)
  • profit and loss related information for his companies (high salary - deemed insufficient)
  • claims and evidence related to three organizations, specifically the Bulgarian Investment and Construction Association (BISA) (membership - deemed insufficient)
  • recommendation letters, including one from Mr. I I (original contributions - deemed insufficient)

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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: 2024-09-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Related Pages

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