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 video game production business industry affect EB-1A petition outcomes?

The video game production business 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

Environment Concept Art Lead

Video Game Production Business · 2024-08-14

Decision Date

2024-08-14

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

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

The Beneficiary did not individually receive any prizes or awards; the awards were for the video games to which he contributed, which does not meet the regulatory requirement for 'alien's receipt'.

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

The Petitioner failed to provide evidence to corroborate the standing or status of the submitted digital and hardcover publications as professional or major trade publications or other major media.

Participation, either individually or on a panel, as a judge of the work of others (Not Met)

The evidence showed the Beneficiary gave master classes, critiques, advice, and suggestions, but did not demonstrate actual participation as a judge of others' work with specific, detailed information.

High salary or other significantly high remuneration for services, in relation to others in the field (Not Met)

The Petitioner failed to provide comparable salary evidence for the Beneficiary's specific occupation as an 'Environment Concept Art Lead', instead submitting data for less senior 'Special Effects Artists and Animators' or 'Concept Artists'.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to provide evidence of individual awards, failed to establish the standing of publications as major media, and did not demonstrate the Beneficiary's participation as a judge of others' work with specific details. Additionally, the Petitioner did not provide comparable salary evidence for an 'Environment Concept Art Lead' position, instead offering data for less senior roles. The comparable evidence argument was also rejected as it referenced O-1 nonimmigrant criteria without proper justification for EB-1A.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to substantiate the standing of publications, specific details of the Beneficiary's judging participation, and comparable salary data for an 'Environment Concept Art Lead'. The Petitioner's response included assertions about website rankings and letters about master classes and critiques, but these were deemed insufficient, and the salary comparison was not for the correct job classification.

RFE Targets

Published material about the alien in professional or major trade publications or other major mediaParticipation, either individually or on a panel, as a judge of the work of othersHigh salary or other significantly high remuneration for services, in relation to others in the field

Evidence

Evidence Types

Awards

Media Coverage

Reference Letters Dependent

Judging Experience

High Salary

Evidence Submitted

awards bestowed on video games to which Beneficiary contributed (not individual awards)
digital material from kotaku.com, pcgamer.com, dexerto.com, vgr.com
hardcover material
letters from G-A- and T-B- regarding master classes and critiques
paystubs indicating $82/hour or $171,000/year
salary information from flcdatacenter.com for 'Special Effects Artists and Animators'
salary information from glassdoor.com and salary.com for 'Concept Artists'

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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: 2024-08-14.

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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

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