dismissed EB-1A RFE Issued
Real Estate Broker
Real Estate · 2024-12-05
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
0 of 3 criteria metHigh Salary or Other Significantly High Remuneration (Not Met)
The petitioner's after-expense compensation of $132,524 was deemed well below the average for managing real estate brokers ($156,498) in Florida, and the comparative evidence provided was conflicting and not specific enough to her role as a business owner in her specific geographic area.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to identify an error in the Director's dismissal of her motion to reopen and reconsider, instead arguing against the initial petition denial. Even considering the underlying petition, the Petitioner's claim of a high salary ($132,524 after expenses) was deemed insufficient as it was below the average for managing real estate brokers in Florida ($156,498), and the evidence provided for comparison was conflicting and not specific enough to her geographic area or position.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence of the petitioner's actual salary or remuneration, specifically asking for comparative data for similarly positioned real estate broker business owners in her operating area. The petitioner responded with partial tax returns and conflicting salary data, which the Director found insufficient to resolve the ambiguity regarding her compensation and its comparison to others in the field.
RFE Targets
High Salary or Other Significantly High Remuneration
Evidence
Evidence Types
High Salary
Evidence Submitted
- earnings of her real estate brokerage company
- commissions from 2022
- letter from the Petitioner's accountant
- two pages of a business tax return
- data from the Bureau of Labor Statistics
- data from Zip Recruiter (average pay in Florida $80,917)
- data from Indeed (average salary for a real estate broker in Florida $78,367)
- salary.com data (managing real estate brokers in Florida earn an average salary of $156,498)
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-05.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
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