All Cases
23 cases · 2 approved / sustained · 13 denied / dismissed · 8 remanded
Choreographer
Performing Arts · Russia
USCIS EB-1A dismissed
2025-04-15
The appeal was dismissed because the Petitioner only met two of the ten required criteria (judging and exhibitions), failing to reach the minimum of three. Specifically, the awards were from his youth as a dancer rather than as a choreographer, the memberships did not require 'outstanding achievements' as judged by experts, and the training manual lacked evidence of 'major significance' beyond his own employer. Additionally, the salary comparison to 'choreographers' was insufficient for his 'Head Coach' role, and his role at the dance school was not proven to be leading or critical.
Engineer
Engineering · Russia
USCIS EB-1A rfe dismissed
Florida 2025-03-18
The Petitioner failed to meet any of the five claimed criteria (awards, published material, original contributions, leading role, and high salary). The award was found to be an internal sales trophy rather than the prestigious international award claimed, and the published material was deemed promotional. Evidence for high salary was insufficient as bank deposits were not clearly identified as remuneration for services.
Postdoctoral Researcher
Research and Development · Russia
WeGreened EB-1A approved
California 10 days 2025-03-15
The petition was approved based on over 40 peer-reviewed journal articles and more than 1,000 citations demonstrating global influence. The petitioner also completed over 40 peer reviews for elite journals like Nature Chemistry and Chemical Science. These metrics satisfied the EB-1A criteria for scholarly articles, original contributions, and judging the work of others.
Athlete
Sports · Russia
USCIS EB-1A rfe dismissed
2025-01-31
The motions to reopen and reconsider were dismissed. The motion to reopen failed because the Petitioner did not present new facts or sufficient evidence to support claims of ineffective assistance or to establish eligibility under new criteria (original contributions, leading role, memberships, published material, judging). The motion to reconsider failed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, particularly regarding the consideration of new evidence on appeal. The AAO found inconsistencies in the translation of the refereeing book, reducing its reliability.
Musician
Music · Russia
USCIS EB-1A rfe dismissed
2024-12-10
The appeal was dismissed because the Petitioner failed to meet at least three of the ten initial evidentiary criteria for extraordinary ability. Specific issues included deficient translation certifications (not certified as 'complete'), failure to provide original photographs requested in an RFE, and guest passes not being recognized as awards. The Petitioner also waived appeal on vocal competition awards and other claimed criteria by not addressing the Director's conclusions. Overall, the Petitioner did not demonstrate sustained national or international acclaim or being at the very top of the field.
Chief Executive Officer (CEO)
Telecommunications · Russia
USCIS EB-1A dismissed
2024-12-03
The appeal was dismissed because the Petitioner did not establish sustained national or international acclaim or that he is among the small percentage at the very top of his field. Although the Petitioner satisfied three criteria (judging, scholarly articles, and leading/critical role), the evidence was deemed insufficient. His judging activity (reviewing a couple of articles and a 2023 contest) was too limited and recent. His 'moderate' number of scholarly articles lacked evidence of impact (e.g., journal ranking, citation count). His CEO role in a new startup did not demonstrate a distinguished reputation or broader recognition. Other claims, such as a 'Engineer of the Year' title, were found to be professional credentials rather than awards, and venture capital funding was not considered a recognized prize.
Others
Art and Design · Russia
USCIS EB-1A rfe remanded
2024-11-06
The AAO withdrew the Director's decision and remanded the matter because the Director erred in evaluating the evidence for several criteria, specifically judging, scholarly articles, and artistic exhibitions, which the AAO found were met. The Director also failed to adequately explain the basis for conclusions regarding the Petitioner's intent to continue working in the U.S. and the prospective benefit to the U.S., requiring further consideration and explanation.
Unknown Position
Unknown Industry · Russia
USCIS EB-1A remanded
2024-10-21
The Director's decision was withdrawn because the AAO found that the Petitioner met the criterion for lesser nationally or internationally recognized prizes or awards (8 C.F.R. § 204.5(h)(3)(i)), in addition to the two criteria (scholarly articles and display of work) previously acknowledged by the Director. This brings the total met criteria to three, satisfying the initial evidence requirement. The matter was remanded for a final merits determination to assess sustained national or international acclaim and status at the top of the field.
Others
Healthcare · Russia
USCIS EB-1A remanded
2024-10-18
The Director denied the petition because the petitioner did not meet the initial evidence requirements of satisfying at least three of the ten regulatory criteria. The AAO found the petitioner met three criteria: (iv) participation as a judge of the work of others; (v) original contributions of major significance, evidenced by a patented methodology for administering Botox in the Russian Federation, described by medical practitioners and advertised by clinics; and (viii) performance in a leading or critical role for distinguished organizations, demonstrated by her long-standing role as a consultant, adviser, mentor, and trainer for a Botox/Juvederm manufacturer, and as a main speaker for a major brand in Russia, significantly contributing to sales and reputation.
Scientist
Research and Development · Russia
WeGreened EB-1A approved
North Dakota 14 days 2024-10-09
The petition was approved based on the applicant's record of over 20 peer-reviewed journal articles and more than 900 citations, placing him in the top 1% of his field. Additionally, he demonstrated significant professional standing by performing over 100 peer reviews. His research in biomanufacturing and bacterial pathogen diagnostics was recognized for its national interest and supported by national-level funding.