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remanded EB-1A

Tax Lawyer

Tax Law · Argentina · 2024-11-04

Decision Date
2024-11-04
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 found, and the AAO affirmed, that the Petitioner met the evidentiary requirement regarding his participation as a judge of others' work in his field.

Published material about the noncitizen in professional or major trade publications or other major media (Met)

The AAO found that copies of court decisions mentioning the Petitioner and discussing his arguments in tax-related cases, published on a provincial judicial website, qualified as published material in a professional online publication.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Met)

The AAO determined that the Petitioner's work as a tax lawyer, which resulted in repeals and changes to tax regulations with national scope in Argentina and provided guidance to judges and attorneys, constituted original contributions of major significance.

Membership in associations in the field which require outstanding achievements of their members (Not Met)

The Director initially found this criterion unmet. The AAO reserved consideration of this argument as it was unnecessary for the remand decision, implying it was not definitively met at this stage.

Performance in a leading or critical role for organizations with distinguished reputations (Not Met)

The Director initially found this criterion unmet. The AAO reserved consideration of this argument as it was unnecessary for the remand decision, implying it was not definitively met at this stage.

Why This Petition Was Remanded

The Director's decision was withdrawn because the AAO found the Petitioner met two additional evidentiary criteria beyond the one initially recognized. For 'published material,' the AAO determined that court decisions posted on a judicial website, which mentioned the Petitioner and discussed his arguments in tax-related cases, qualified as professional publications. For 'original contributions of major significance,' the AAO found that the Petitioner's work as a tax lawyer led to repeals and changes in tax regulations with national scope in Argentina, providing guidance to judges and attorneys, thus demonstrating major significance beyond his province.

Evidence

Evidence Types
Published Material
Judging Experience
Original Contributions
Evidence Submitted
  • newspaper articles about court cases
  • decisions on a judicial website (55 cases)
  • copies of decisions of two specific tax-related cases
  • letters from others in his field

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Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-04.

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At a Glance

Outcome remanded
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

Related Pages

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

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