dismissed EB-1A
Business Development Executive
Telecom Engineering Services And Products · 2024-09-12
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
1 of 3 criteria metJudging the work of others (Met)
The Director determined, and the AAO affirmed, that the Petitioner fulfilled the judging criterion.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field (Not Met)
The Petitioner's product development work, guest lecture, book, and financial work were not shown to have had substantial influence beyond his employers or clients, nor were they considered to be of major significance in the telecommunications, business development, or project management fields.
Authorship of scholarly articles in the field, in professional or major trade publications or other major media (Not Met)
The Petitioner's coauthored book was not considered a scholarly article, which is defined as a nonfictional prose composition usually forming an independent part of a publication. Furthermore, it was not demonstrated to be published in a professional or major trade publication or other major media for learned persons.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to satisfy at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the Petitioner only met the 'judging' criterion. The 'original contributions of major significance' criterion was not met as the Petitioner's product development work, guest lecture, book, and financial work were not shown to have had substantial influence beyond his employers or clients, nor were they considered to be of major significance in the field. The 'scholarly articles' criterion was not met because the submitted book was not considered a scholarly article and was not shown to be published in a professional or major trade publication or other major media for learned persons. The AAO also noted that the Petitioner did not demonstrate national or international acclaim or that he is among the small percentage at the very top of his field.
Evidence
Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Awards
Judging Experience
Evidence Submitted
- product development work for I I
- guest lecture for a Extension virtual Zoom course
- contracts and licensing of products and services from 4
- coauthored book entitled I I
- letters of support from colleagues
- involvement in the development of the I !network test measurement tool for I I
- involvement with the development of I I
- improved sales and helped I Iexpand its branch operations to new cities
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-12.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 3
Evidence Types 5
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
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