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 social media influencer industry affect EB-1A petition outcomes?

The social media influencer 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 RFE Issued

Social Media Influencer

Social Media Influencer · 2024-11-26

Decision Date

2024-11-26

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

Membership in associations requiring outstanding achievements (Not Met)

The Petitioner's 'Platinum Creator' membership was based on a points system and subjective factors, not outstanding achievements judged by recognized national or international experts in the field.

Commercial successes in the performing arts (Not Met)

The Petitioner's $3,257,612 profit was considered remuneration for her work as a social media influencer, not evidence of high sales or receipts comparable to commercial success in the performing arts.

Why This Petition Was Denied

The Petitioner failed to establish eligibility for the membership in associations criterion (8 C.F.R. § 204.5(h)(3)(ii)) because her 'Platinum Creator' status was based on a points system and subjective factors like 'mystery, swagger, and confidence,' not outstanding achievements judged by recognized national or international experts. For the commercial successes criterion (8 C.F.R. § 204.5(h)(3)(x)), the Petitioner's $3,257,612 profit from her LLC was deemed remuneration for her work as a social media influencer, not evidence of high sales or receipts comparable to commercial success in the performing arts. The AAO also noted that prior O-1 nonimmigrant status does not guarantee approval for an I-140 petition.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for the Petitioner's 'Platinum Creator' membership, questioning if it required outstanding achievements judged by experts. It also sought clarification on how her reported income constituted commercial success comparable to the performing arts. The Petitioner responded with a letter from a Chief Creative Officer, platform screenshots, and financial documents, including tax returns.

RFE Targets

Membership in associations requiring outstanding achievementsCommercial successes in the performing arts

Evidence

Evidence Types

Reference Letters Dependent

Professional Memberships

Media Coverage

High Salary

Commercial Success

Evidence Submitted

Platinum Creator membership on a subscription-based social media platform
June 2024 letter from E-Z-, Chief Creative Officer
Screenshots of Platform profile page showing Platinum status and 588,281 points earned
2023 article from netinfulence.com about the platform's first anniversary
Articles from studyfinds.org and nytimes.com about the platform's brand recognition
2023 tax return, including Schedule C (Form 1040) and Schedule I (Form 1040), confirming $3,257,612 in profit
2023 Financial Package for the company
Prior O-1 nonimmigrant status

Similar Cases

Others

Art and Design · Brazil

USCIS EB-1A rfe dismissed

2024-11-26

The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements of demonstrating a one-time achievement or meeting at least three of the ten criteria for extraordinary ability. Specifically, awards were not nationally/internationally recognized, memberships lacked outstanding achievement requirements, published material was not from major media, original contributions lacked major significance, displays were not artistic exhibitions of work product, a lead role was not specified, and commercial success lacked documentation of actual revenues despite high follower/view counts.

Designer

Art and Design

USCIS EB-1A rfe remanded

2024-11-19

The AAO withdrew the Director's decision and remanded the case because the Director's denial was conclusory and did not provide a complete analysis or full explanation of the reasons for denial. Specifically, the Director failed to adequately address specific awards claimed, did not consider the petitioner's arguments for comparable evidence under the scholarly articles criterion, overlooked claims and evidence for the display criterion (VidCon US and Mexico), and did not fully examine evidence for the leading/critical role criterion, including specific letters of recommendation.

Data Scientist

Information Technology

USCIS EB-1A dismissed

2024-08-20

The appeal was dismissed because, despite the Petitioner satisfying three initial criteria (judging, scholarly articles, and leading role), the evidence did not demonstrate sustained national or international acclaim. The activities cited, such as judging, authoring articles, and holding a leading role, were primarily limited to a short period (2021-2023, mostly 2023) immediately preceding the petition filing in 2023, failing to show a 'career of acclaimed work.' Additionally, memberships in BCS and IEEE were not deemed to require outstanding achievements judged by recognized experts, and the high salary claim lacked comparison to top-level peers with similar experience and responsibilities.

Choreographer

Performing Arts

USCIS EB-1A dismissed

2024-09-10

The appeal was dismissed because the Petitioner failed to demonstrate she met the criterion for membership in professional associations (8 C.F.R. § 204.5(h)(3)(ii)). Evidence for membership in the Actors' Equity Association (AEA) did not show that outstanding achievements, judged by national or international experts, were a condition for membership. The Director had found only one criterion met (8 C.F.R. § 204.5(h)(3)(i)), and without meeting the second, the Petitioner could not satisfy the minimum three criteria required for extraordinary ability. The AAO did not make a final merits determination on other claimed criteria.

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 Marketing and Advertising cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-26.

Browse all cases

At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

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