How common are approved 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 software developer, 3D digital scanning, digital dentistry market industry affect EB-1A petition outcomes?

The software developer, 3D digital scanning, digital dentistry market 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.

sustained EB-1A RFE Issued

Software Developer, Chief Technical Officer (CTO)

Software Developer, 3D Digital Scanning, Digital Dentistry Market · South Korea · 2024-12-09

Decision Date

2024-12-09

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

5 of 3 criteria met

Lesser nationally or internationally recognized prizes or awards (Met)

The Director acknowledged the Petitioner's receipt of nationally recognized awards, and the AAO confirmed this criterion was met.

Published material about the individual in professional or major media (Met)

The Director acknowledged the publication of articles about the Petitioner, and the AAO confirmed this criterion was met, noting objective trade media coverage featuring the Petitioner.

Original contributions of major significance (Met)

The AAO found this criterion met, citing numerous patents and patent applications, and the significant commercialization and market impact of the Petitioner's led technology, which became a 'game changer' in digital dentistry.

Leading or critical role for distinguished organizations or establishments (Met)

The Director acknowledged the Petitioner's leading or critical roles, and the AAO confirmed this criterion was met, noting his role as CTO for a company recognized as the second largest in the world in its field.

High remuneration for services (Met)

The AAO implicitly found this criterion met by sustaining the appeal, as the Petitioner maintained he met this criterion and the overall evidence of commercial success and market value supported high remuneration, though specific salary figures were not detailed.

Why This Petition Was Approved

The AAO sustained the appeal, finding the Petitioner met the burden of proof by a preponderance of the evidence. The decision highlighted the Petitioner's numerous patents, the significant commercial success of his led products (holding over 20% global market share and a $2 billion acquisition), and objective third-party media coverage that featured him as the 'face' of popular products in digital dentistry. These factors collectively demonstrated sustained national or international acclaim and that he is among the small percentage at the very top of his field, satisfying the EB-1A criteria.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested independent and objective evidence that the petitioner's inventions and technology were widely utilized by others beyond his employer. The petitioner responded by referencing USCIS Policy Manual guidance on patented technology attracting significant attention or commercialization, and employment with leading institutions.

RFE Targets

Original contributions of major significancecommercial success

Evidence

Evidence Types

Patents

Awards

Media Coverage

Original Contributions

Commercial Success

Evidence Submitted

numerous patents and patent applications filed in various countries since 2006
awards for his work in 3D modeling software
article in Han ung Job & Joy indicating products became a game changer and company is second largest in the world
products won a Best of Class Technology Award in 2021
company holds more than a 20% share of the global market
company was sold for about $2 billion in 2022
media report about the acquisition called I I 'the world's No. 1'
objective trade media coverage
third-party coverage and discussion of I I products heavily features the Petitioner

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Frequently Asked Questions

A sustained EB-1A (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-09.

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At a Glance

Outcome sustained

RFE Issued

Criteria Met 5 / 3

Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

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