dismissed EB-1A
Visa Petition Case
Unknown Industry · 2024-12-12
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
0 of 3 criteria metWhy This Petition Was Denied
The Director denied the petition because the Petitioner failed to demonstrate eligibility for extraordinary ability by not meeting the initial evidentiary requirements, specifically lacking evidence of a one-time achievement or at least three of the ten alternative criteria. The AAO dismissed the subsequent motions to reopen and reconsider because the Petitioner did not present new facts or demonstrate that the prior summary dismissal was based on an incorrect application of law or policy, and a crucial supplemental brief was misdirected to the wrong service center.
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The motion to reopen and reconsider was dismissed because the Petitioner failed to establish that the prior summary dismissal was based on an incorrect application of law or policy. Although the Petitioner provided a copy of a supplemental brief, it was incorrectly mailed to Arizona instead of the AAO, and the Petitioner offered no new facts to overcome the grounds for the original dismissal.
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USCIS EB-1A dismissed
2025-03-13
The combined motion to reopen and reconsider was dismissed because the Petitioner did not provide new facts or establish that the previous dismissal was based on an incorrect application of law or policy. Specifically, the Petitioner sent his appeal brief to the wrong location, violating 8 C.F.R. § 103.3(a)(2) and Form I-290B instructions. The Petitioner's resubmission of previously provided information did not meet the requirements for a motion to reopen.
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USCIS EB-1A rfe dismissed
2025-01-02
The motions to reopen and reconsider were dismissed because the Petitioner failed to demonstrate that the AAO's prior decision to summarily dismiss the appeal was based on an incorrect application of law or policy, and no new facts relevant to the summary dismissal were presented. The original appeal was summarily dismissed because the Petitioner's brief did not identify any erroneous conclusion of law or statement of fact in the Director's decision, as required by 8 C.F.R. § 103.3(a)(1)(v). The Petitioner did not contest these stated reasons for summary dismissal.
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: 2024-12-12.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
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