How common are denied 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 retail industry affect EB-1A petition outcomes?

The retail 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.

dismissed EB-1A

Retail Manager

Retail · 2024-12-12

Decision Date

2024-12-12

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 met

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

The Petitioner's work-related training certificates were not awards, and the 'Employee of the Year' and 'Employee Referral Award' lacked sufficient evidence to demonstrate national or international recognition or excellence in the field.

Participation as a judge of the work of others (Not Met)

The Petitioner's role in selecting models for fashion shows was not considered judging the work of others in the retail or an allied field as required by the criterion.

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

The Petitioner's work, such as curating product collections and developing sales techniques, was not sufficiently demonstrated to be an original contribution of major significance to the overall field.

Performance in a leading or critical role for organizations or establishments that have a distinguished reputation (Not Met)

The Petitioner's position as a senior sales representative was not adequately conveyed as a leading or critical role, nor was sufficient evidence provided to demonstrate that the company had a distinguished reputation.

Command of a high salary or other significantly high remuneration for services, in relation to others in the field (Not Met)

The salary evidence presented, including Glassdoor statistics published after the filing date and lacking relevant comparative salary ranges for the employment periods, was deemed insufficient to establish a significantly high salary.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that she met at least three of the ten regulatory criteria for extraordinary ability. Specifically, the Petitioner's work-related training certificates and employer-issued 'Employee of the Year' and 'Employee Referral Award' were not shown to be nationally or internationally recognized. Her role in selecting models for fashion shows was not considered judging the work of others. Her contributions, such as curating product collections and developing sales techniques, lacked evidence of major significance to the overall field. Her senior sales representative role was not proven to be leading or critical for a distinguished organization, and her salary evidence was deemed insufficient as it included post-filing data and lacked relevant comparative salary ranges.

Evidence

Evidence Types

Awards

Reference Letters Dependent

Published Material

High Salary

Evidence Submitted

Work-related training certificates
Letters from former employer regarding Employee of the Year award
Letters from former employer regarding Employee Referral Award
Copy of 'About' page from former employer's website
Letters from past employer explaining roles and responsibilities
Letters from employees at the company discussing Petitioner's work
Statements from past employers detailing past salaries
Statistics from Glassdoor website noting salary for retail manager, assistant manager, and sales executive in Qatar

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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: 2024-12-12.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

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