How common are denied O-1 petitions?

O-1 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 international management consulting firm industry affect O-1 petition outcomes?

The international management consulting firm sector has unique considerations for O-1 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 O-1

Ph.D. Research Assistant, Research Fellow In Neurobiology

International Management Consulting Firm · 2024-09-19

Decision Date

2024-09-19

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

Judging the work of others, either individually or on a panel (Met)

The Director determined this criterion was met, and it was not challenged on appeal.

Authorship of scholarly articles in the field, in professional journals, or other major media (Met)

The Director determined this criterion was met, and it was not challenged on appeal.

Published material in professional or major trade publications or other major media about the alien (Not Met)

The Petitioner claimed eligibility based on the Beneficiary's authorship of scholarly articles and citations, but the regulation requires material *about* the alien, which was not provided.

Original scientific, scholarly, or business-related contributions of major significance in the field (Not Met)

The Petitioner failed to demonstrate how published articles in 'massively impactful journals' or citation numbers represented contributions of major significance, and testimonial letters lacked specific details on the major impact of the Beneficiary's work.

Employment in a critical or essential capacity for organizations or establishments that have a distinguished reputation (Not Met)

The Petitioner did not provide specific, detailed information explaining how the Beneficiary's roles as a Ph.D. research assistant or research fellow contributed in a way that was of significant importance or critical capacity to the organizations.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary met at least three of the eight O-1 evidentiary criteria. Specifically, the AAO found that published material about the alien was not met as the evidence only showed authorship or citations, not material *about* the alien. Original contributions of major significance were not established as citations were not shown to be unusually high or to represent major impact, and testimonial letters lacked specific detail on major influence. Critical employment roles were also not met as letters did not sufficiently elaborate on the significant importance of the Beneficiary's contributions to the organizations.

Evidence

Evidence Types

Scholarly Articles

Citations

Reference Letters Dependent

Judging Experience

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Frequently Asked Questions

A dismissed O-1 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: 2024-09-19.

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At a Glance

Outcome dismissed

Criteria Met 2 / 3

Evidence Types 4

O-1 Case Data

Scraped Case Data

Total Cases 83

Success Rate 68.7%

Sustained 57

Dismissed 26

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