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 weapons development industry affect EB-1A petition outcomes?

The weapons development 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

Forensic Expert -Specialist In Forensics Examination Of Firearms And Traces Of Their Use, To The Position Of Deputy Head Of The Expert Service

Weapons Development · Ukraine · 2024-11-25

Decision Date

2024-11-25

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

Awards and Recognition (Not Met)

The Petitioner received almost two dozen government commendations, but failed to demonstrate how these internal honors translate into national or international acclaim from the forensics or weapons development field, or indicate being at the very top of the field.

Membership in Associations (Not Met)

The Petitioner's membership on the Expert Qualification Commission for forensic experts did not demonstrate sustained national or international acclaim or distinguish him as being among the small percentage at the very top of the field.

Judging the Work of Others (Not Met)

The Petitioner served as deputy editor-in-chief for four issues, but did not establish that this recent and narrow judging experience contributed to a career of acclaimed work or placed him among the very top of the field compared to others.

Scholarly Articles (Not Met)

The Petitioner authored 3 book chapters, 2 monographs, and 12 forensic-related articles, but did not demonstrate the significance, impact, or influence of his publications on the field, or how his record compares to those at the very top.

Original Scientific, Scholarly, Artistic, Athletic, or Business Contributions of Major Significance (Not Met)

The Petitioner was an inventor for a patent and authored eight Standards, but failed to demonstrate the significance or relevance of these contributions in the field, or that they garnered national or international attention consistent with a career of acclaimed work.

High Salary or Other Remuneration (Not Met)

The Petitioner documented his government salary but did not establish that his earnings were commensurate with sustained national or international acclaim or indicative of being among the small percentage at the very top of the field.

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 of weapons development/forensics. Despite providing evidence of awards (almost two dozen government commendations), memberships (Expert Qualification Commission), judging roles (deputy editor-in-chief for four issues), publications (3 book chapters, 2 monographs, 12 articles), a patent, 8 standards, recommendation letters, and salary, USCIS found the evidence insufficient to meet the high standard. Specifically, the awards were internal government honors, memberships and judging roles lacked evidence of national/international recognition, publications lacked impact/citation history, the patent/standards lacked demonstrated significance, and letters/salary did not establish widespread acclaim or top-tier standing.

Evidence

Evidence Types

Awards

Professional Memberships

Judging Experience

Peer Reviewed Publications

Patents

Reference Letters Dependent

High Salary

Original Contributions

Evidence Submitted

almost two dozen commendations from various cabinets within the government of Ukraine (2002-2023)
membership on the Expert Qualification Commission for the attestation of forensic experts (2005-present)
service as deputy editor-in-chief for four issues (2002-2023)
authored 3 book chapters
authored 2 monographs
authored 12 forensic-related articles
inventor for a patent (2023)
authorship of eight Standards for Ukraine
several recommendation letters
documented salary

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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: 2024-11-25.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 8

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

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