dismissed EB-1A
Visa Petition Case
Unknown Industry · 2025-01-02
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 metMajor, internationally recognized awards (Not Met)
The Director concluded the petitioner did not establish receipt of a major, internationally recognized award. The motion to reopen discussed awards previously addressed in the appeal, which were not considered new evidence.
Membership in associations requiring outstanding achievements (Not Met)
The Petitioner's membership claims were considered forfeited as she indicated an inability to obtain adequate supporting documentation.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance (Not Met)
The appellate decision noted only assertions without adequate evidence. The motion offered additional assertions but did not identify supporting evidence, failing to meet requirements.
Performance in a leading or critical role for organizations with distinguished reputation (Not Met)
The appeal decision concluded this criterion was not satisfied. The motion mentioned the requirement but did not present new facts or evidence to support it.
Why This Petition Was Denied
The motion to reopen was dismissed because the Petitioner failed to present 'new facts' supported by documentary evidence, as required by 8 C.F.R. § 103.5(a)(2). The Petitioner reasserted previously stated facts and resubmitted previously provided evidence, which does not constitute new facts. Additionally, new eligibility claims cannot be introduced for the first time in a motion to reopen following an adverse appeal decision. The Petitioner's claims regarding inability to obtain supporting documentation for memberships and additional assertions for contributions of major significance and leading role criteria were deemed insufficient or unsupported by evidence.
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USCIS EB-1A dismissed
2025-01-21
The motion to reopen was dismissed because the Petitioner failed to provide new facts or evidence that would establish an error in the prior decision to dismiss the appeal and combined motion. The Petitioner asserted eligibility for a lesser national or international prize, published material, contributions of major significance, and a leading or critical role, but these claims were not supported by new facts relevant to reopening the prior decision, thus the underlying petition remains denied.
Unknown Position
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USCIS EB-1A dismissed
2025-01-30
The motion to reopen was dismissed due to a lack of new facts or documentary evidence. The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. Specifically, the AAO found its reliance on Krasniqi v. Dibbins for merit-based awards was correct, the petitioner's awards were for participation, not excellence. The petitioner also failed to show error in the analysis of the leading or critical role criterion, or the high salary criterion, as no comparative evidence was provided to show the salary was high in relation to others in the field.
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USCIS EB-1A dismissed
2025-01-10
The appeal was dismissed because the Petitioner's brief only addressed the original petition denial and her eligibility, rather than challenging the Director's most recent decision to dismiss her combined motion to reopen and reconsider. The AAO found that the Petitioner's failure to address why the Director's motion dismissal contained any erroneous conclusion of law or statement of fact was a sufficient basis for summary dismissal, and by not contesting the motion decision, she abandoned those claims.
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USCIS EB-1A remanded
2025-01-10
The Director's decision was based on the Petitioner's failure to demonstrate a major, internationally recognized award and to meet at least three of the ten regulatory criteria for extraordinary ability. The Administrative Appeals Office (AAO) decided to remand the matter for the Director to fully consider the record, including new evidence submitted with the appeal, and to issue a new decision.
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: 2025-01-02.
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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