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 dentistry/orthodontics field industry affect EB-1A petition outcomes?

The dentistry/orthodontics field 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

Dentist/Orthodontist

Dentistry/Orthodontics Field · Kyrgyzstan · 2024-09-20

Decision Date

2024-09-20

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

2 of 3 criteria met

Published Material About the Petitioner (Met)

The Petitioner provided data from a reputable web analytics company indicating two articles about her appeared among top-ranked news and media sites in Russia, thus qualifying as major media.

Authorship of Scholarly Articles (Met)

The Petitioner demonstrated authorship/co-authorship of 10 peer-reviewed articles in Russian medical/dental journals, with publishers verifying dates and authorship, and Google Scholar verifying some.

Lesser Nationally or Internationally Recognized Awards (Not Met)

The Petitioner's national and international awards lacked sufficient evidence to demonstrate their national or international recognition, significance, or the rigor of their selection process.

Membership in Associations Requiring Outstanding Achievements (Not Met)

The Petitioner did not demonstrate that her memberships in ICCMO (fellowship status) or the Professional Society of Orthodontists of Russia required outstanding achievements as judged by recognized national or international experts. Discrepancies in membership dates for the Russian society cast doubt on its stated criteria.

Original Contributions of Major Significance (Not Met)

The Petitioner's ALF modifications and pre-surgical protocol research lacked sufficient evidence of widespread use, major significance, frequent citations, or widespread commentary in the field. Evidence of 'high potential' was deemed insufficient.

Performance in a Leading or Critical Role (Not Met)

While the Petitioner demonstrated a leading and critical role in her clinic's operations and growth, she failed to provide sufficient evidence that the clinic itself had a distinguished reputation, lacking details on its size, customer base, or significant media coverage.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the minimum of three evidentiary criteria required to establish extraordinary ability. Specifically, the AAO affirmed the Director's findings that the Petitioner did not demonstrate nationally or internationally recognized awards, membership in associations requiring outstanding achievements, or original contributions of major significance. While the AAO withdrew the Director's findings on published materials about the Petitioner and authorship of scholarly articles, and performance in a leading/critical role (though the clinic's distinguished reputation was not established), these were not enough to meet the 3-criteria threshold.

Request for Evidence (RFE)

Successfully Addressed

The Director requested additional information regarding the Petitioner's scholarly articles, specifically full copies of the articles, verification of publishing dates, and authorship.

RFE Targets

authorship of scholarly articles

Evidence

Evidence Types

Awards

Professional Memberships

Media Coverage

Original Contributions

Scholarly Articles

Leading Role

Reference Letters Dependent

Peer Reviewed Publications

Citations

Reference Letters Independent

Evidence Submitted

Receipt of national awards (Dentist of the Year, Best Chief of the Year, Leader of the Year Annual Award)
Receipt of international awards (Physician Innovator of the Year, Debut of the Year)
Membership in International College of Craniomandibular Orthopedics (ICCMO) with 'fellowship' status
Membership in Professional Society of Orthodontists of Russia
11 published materials about the Petitioner in Russia (mostly online articles)
Original contributions: modifications to advanced lightwire functionals (ALF) orthodontic treatment devices
Original contributions: research on pre-surgical protocols for implant and other patients
10 scholarly articles authored or co-authored between 2012 and 2023, published in Russian medical/dental journals
Performance in a leading and critical role as co-founder and chief physician of a dental clinic in Russia

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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: 2024-09-20.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 2 / 3

Evidence Types 10

EB-1A Case Data

Scraped Case Data

Total Cases 884

Success Rate 52.7%

Sustained 466

Dismissed 301

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