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dismissed EB-1A RFE Issued

Software Developer And Entrepreneur, Chief Executive Officer (CEO)

Software Developer And Entrepreneur, SAP Enterprise Level Technology And Data Modeling, ERP Software Platform For The Cannabis Industry · 2025-02-03

Decision Date
2025-02-03
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

3 of 3 criteria met
Participation as a judge of the work of others (Met)

The Director determined that the Petitioner satisfied this criterion.

Authorship of scholarly articles (Met)

The Director determined that the Petitioner satisfied this criterion, noting the Petitioner wrote two textbooks about SAP enterprise software.

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

The Director determined that the Petitioner satisfied this criterion.

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

The Petitioner claimed a proposed acquisition qualified as an award, but the AAO did not discuss this in detail, focusing on the final merits determination.

Published material about the alien in professional or major media (Not Met)

This criterion was claimed but not found to be met by the Director.

Original contributions of major significance (Not Met)

The Director concluded that the Petitioner had not satisfied this criterion, stating the evidence did not suffice to meet regulatory requirements.

High remuneration for services (Not Met)

The Petitioner's offered salary of $200,000 and the proposed $1 million acquisition were considered, but the Director concluded they did not demonstrate sustained national or international acclaim without comparative data.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that he is among the small percentage at the very top of the field, as required by section 203(b)(1)(A) of the Act and 8 C.F.R. § 204.5(h)(2). The Petitioner's evidence, including two textbooks with 5,900 copies sold and a proposed acquisition offer of $1 million for his company, was deemed insufficient to establish the required level of acclaim or preeminence compared to others in the field. USCIS also noted the lack of objective documentation for the significance of his company's vendor status and the unproven nature of the acquisition.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned whether the proposed acquisition terms and compensation demonstrated sustained national or international acclaim, specifically asking for comparative data to show these amounts were greater than similar transactions in the computer field. The Petitioner responded by arguing that comparisons were not required for the 'awards' criterion, but did not address how the terms related to the extent of his acclaim in the final merits determination.

RFE Targets
Lesser nationally or internationally recognized prizes or awardsHigh remuneration for services

Evidence

Evidence Types
Peer Reviewed Publications
Commercial Success
Reference Letters Dependent
Evidence Submitted
  • Authorship of two textbooks on SAP enterprise software (5,900 copies sold)
  • Development of an ERP software platform for the cannabis industry
  • Proposed acquisition offer for Petitioner's company for up to $1 million and 4% ownership interest
  • Letters from customers regarding software platform efficiency
  • Company approved as METRC Integration vendor in several states

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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: 2025-02-03.

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At a Glance

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

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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