Visalytics
Visalytics
dismissed EB-1A RFE Issued

Small Business Entrepreneur

Small Business Owner And Entrepreneur With Extraordinary Ability In Business · 2024-08-16

Decision Date
2024-08-16
Location
Colorado
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
Receipt of lesser nationally or internationally recognized awards or prizes for excellence (Not Met)

The Petitioner claimed several awards, but USCIS found insufficient evidence to demonstrate they were nationally or internationally recognized prizes for excellence in the field, lacking details on significance, media coverage, or competition pool.

Published material about the individual in professional or major trade publications or other major media (Not Met)

The Petitioner submitted articles from various publications, but failed to provide comparative circulation data or rankings to establish that these sources qualified as 'major media' as required by the criterion.

Participation, either individually or on a panel, as a judge of the work of others (Not Met)

The Petitioner claimed judging experience through mentorship and training small businesses and employees. USCIS determined this role involved sharing knowledge and guidance, not 'judging the work of others' as specified by the regulation.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirement of three criteria. Specifically, USCIS found that the claimed awards were not nationally or internationally recognized, the published materials were not in major media, and the claimed judging experience was merely mentorship or on-the-job training, not actual judging of others' work. No specific metrics like publication or citation counts were provided or met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to substantiate the national/international recognition of the claimed awards, proof that the submitted articles were published in major media, and documentation to clearly establish the petitioner's role as a judge of others' work. The petitioner responded by reiterating the initial evidence and providing additional letters, but these were deemed insufficient by USCIS.

RFE Targets
Receipt of lesser nationally or internationally recognized awards or prizes for excellencePublished material about the individual in professional or major trade publications or other major mediaParticipation, either individually or on a panel, as a judge of the work of others

Evidence

Evidence Types
Awards
Media Coverage
Reference Letters Dependent
Judging Experience
Original Contributions
Leading Role
Evidence Submitted
  • awards
  • published_material
  • judging_experience
  • original_contributions
  • leading_role
  • reference_letters_dependent

Similar Cases

Lawyer

Legal Services

USCIS EB-1A rfe dismissed
2025-02-05
The appeal is dismissed because the Petitioner failed to satisfy at least three of the alternate regulatory criteria for extraordinary ability. Specifically, the Petitioner did not demonstrate receipt of nationally or internationally recognized awards, membership in associations requiring outstanding achievements, publications about her in major media (due to lack of certified translations and independent evidence), original contributions of major significance, a leading or critical role for distinguished organizations, or high remuneration for services (due to insufficient corroborating evidence). The Petitioner also abandoned claims for display of work and commercial successes.

Entrepreneur

Information Technology

USCIS EB-1A rfe remanded
2024-12-26
The AAO withdrew the Director's decision and remanded the case because the Director's analysis was insufficient. The decision did not adequately explain the reasons for concluding that the Petitioner failed to satisfy five claimed criteria (lesser awards, published materials, original contributions, leading or critical role, and high salary), nor did it discuss the evidence submitted in response to the RFE. The Director's analysis regarding the Petitioner's intent to continue working was also found to be copied verbatim from the RFE, indicating a lack of proper evaluation of the submitted evidence.

Entrepreneur

Consulting

USCIS EB-1A rfe remanded
2024-08-23
The Director denied the petition because the Petitioner only met two of the required three initial evidentiary criteria: judging (8 C.F.R. § 204.5(h)(3)(iv)) and scholarly articles (8 C.F.R. § 204.5(h)(3)(vi)). The AAO, upon de novo review, concluded that the Petitioner also met the criterion for published material about them in major media (8 C.F.R. § 204.5(h)(3)(iii)), overturning the Director's finding on this point. Specifically, the AAO found that press coverage of the Petitioner's corporate work, including articles from China Youth Daily, China News Service, 21st Century Business Herald, China Enterprise News, Xinmin Weekly, The Morning Express, Southern Metropolis Daily, Nan Fang Daily Press, and Technology Entrepreneurship, along with supporting documentation, was sufficient to establish this criterion. Therefore, with three criteria met, the case was remanded for a final merits determination.

Unknown Position

Others

USCIS EB-1A rfe remanded
2024-09-04
The AAO withdrew the Director's decision and remanded the case because the Director incorrectly concluded that the Petitioner did not articulate what evidence was being submitted for consideration under at least three of the 10 initial evidentiary criteria. The AAO found that the Petitioner's RFE response brief clearly articulated evidence for the first, fifth, and ninth criteria, thus necessitating a new decision by the Director.

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

More dismissed cases More Food and Beverage cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-16.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

Related Pages

EB-1A Overview All EB-1A Cases EB-1A Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist