dismissed EB-1A RFE Issued
Entrepreneur In The Hospitality Industry
Hospitality Industry · Ukraine · 2022-08-30
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 metPublished material about the individual in professional or major media (Met)
The record confirmed an article in Forbes Ukraine with the necessary author and publication details.
Participation as a judge of the work of others (Met)
The Director and AAO agreed the Petitioner satisfied the requirement for judging the work of others.
Lesser nationally or internationally recognized prizes or awards (Not Met)
The Forbes 30 Under 30 list and My Kharkov ranking were not established as prizes or awards for excellence.
Membership in associations requiring outstanding achievements (Not Met)
The Petitioner did not establish that his roles or programs constituted memberships in associations requiring outstanding achievements judged by experts.
Original business-related contributions of major significance (Not Met)
The evidence failed to show that the Petitioner's innovations or startup incubations had a major impact or widespread adoption in the field.
Why This Petition Was Denied
The Petitioner met only two criteria (judging and published material) instead of the required three. The Forbes '30 Under 30' list was considered published material but not a recognized prize or award. Original contributions lacked evidence of major significance or widespread adoption in the hospitality field, and memberships did not require outstanding achievements judged by experts.
Evidence
Evidence Types
Media Coverage
Judging Experience
Original Contributions
Awards
Professional Memberships
Reference Letters Dependent
Evidence Submitted
- Participation as a judge of the work of others
- Article in the Ukrainian edition of Forbes
- Wall Street Journal blog post (2014) regarding social media bartering
- Bar & Restaurant article (2019) regarding a startup incubator
- Letter from Intel director regarding advisory role
- Letter from the executive director of a hospitality entrepreneurship program
- Letter from a nightclub and bar show official regarding startup incubation
Similar Cases
Entrepreneur
Food and Beverage
USCIS EB-1A rfe dismissed
Colorado 2024-08-16
The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirement of three criteria. Specifically, USCIS found that the claimed awards were not nationally or internationally recognized, the published materials were not in major media, and the claimed judging experience was merely mentorship or on-the-job training, not actual judging of others' work. No specific metrics like publication or citation counts were provided or met.
Entrepreneur
Consulting
USCIS EB-1A rfe remanded
2024-08-23
The Director denied the petition because the Petitioner only met two of the required three initial evidentiary criteria: judging (8 C.F.R. § 204.5(h)(3)(iv)) and scholarly articles (8 C.F.R. § 204.5(h)(3)(vi)). The AAO, upon de novo review, concluded that the Petitioner also met the criterion for published material about them in major media (8 C.F.R. § 204.5(h)(3)(iii)), overturning the Director's finding on this point. Specifically, the AAO found that press coverage of the Petitioner's corporate work, including articles from China Youth Daily, China News Service, 21st Century Business Herald, China Enterprise News, Xinmin Weekly, The Morning Express, Southern Metropolis Daily, Nan Fang Daily Press, and Technology Entrepreneurship, along with supporting documentation, was sufficient to establish this criterion. Therefore, with three criteria met, the case was remanded for a final merits determination.
Entrepreneur
Art and Design · Pakistan
USCIS EB-1A rfe dismissed
2025-01-16
The appeal was dismissed because the Petitioner failed to demonstrate satisfaction of at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the AAO found that finalist selections for awards do not constitute 'receipt of awards' and lacked national/international recognition. Membership in associations was not proven to require outstanding achievements judged by experts. Published materials were not in 'major media' (Wikipedia deemed unreliable) or did not relate to his specific work. Displayed work at exhibitions was that of artisans, not the Petitioner's own work. Only the 'judging' criterion was met.
Entrepreneur
Real Estate · Bulgaria
USCIS EB-1A rfe dismissed
2024-09-06
The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements of either a one-time major internationally recognized award or at least three of the ten regulatory criteria. Specifically, the Petitioner did not contest the denial of the 'prizes or awards' criterion. The 'high salary' criterion was denied because new claims and evidence regarding outside investment and equity holdings were not presented to the Director. The 'membership' criterion was not met as the Bulgarian Investment and Construction Association (BISA) did not require outstanding achievements as a condition for membership. The 'original contributions' criterion was not satisfied because the Petitioner's work, while successful in his home country, was not shown to have made an original, major significant contribution to the field as a whole, lacking evidence of widespread application or emulation.
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: 2022-08-30.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 6
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist