All Cases

6 cases · 0 approved / sustained · 6 denied / dismissed · 0 remanded

Others

Art and Design · Uzbekistan

USCIS EB-1A rfe dismissed
2025-01-30
The appeal was dismissed because the Petitioner failed to contest the Director's finding of material misrepresentation, which served as an independent ground for denial. Additionally, the record did not establish that the Petitioner met at least three of the ten regulatory criteria for extraordinary ability.

Auto Mechanic

Automotive · Uzbekistan

USCIS EB-1A rfe dismissed
Pennsylvania 2025-01-17
The AAO dismissed the appeal because the Petitioner failed to meet at least three of the ten evidentiary criteria. Specifically, the Petitioner did not establish that membership in ASME required outstanding achievements, nor did they prove a leading or critical role for an organization with a distinguished reputation. While the judging criterion was met, the other two claimed criteria were not, leading to a failure to meet the minimum three criteria. The issue of high remuneration and the suitability of the Petitioner's field (mechanic) for EB-1A were reserved.

Web Developer

Information Technology · Uzbekistan

USCIS EB-1A dismissed
2024-11-21
The appeal was dismissed because the Petitioner failed to satisfy the initial evidentiary threshold of meeting at least three of the ten criteria for extraordinary ability. Specifically, the Petitioner did not provide documentary evidence of membership in the International Association of Engineers (IAENG) or demonstrate that IAENG's membership requirements (which include undergraduate students) necessitate outstanding achievements as judged by national or international experts. The AAO reserved discussion on the other two claimed criteria (leading/critical role and high remuneration) as the failure to meet the membership criterion already meant the minimum of three criteria was not satisfied.

Chief Executive Officer (CEO)

Manufacturing · Uzbekistan

USCIS EB-1A rfe dismissed
2024-10-03
The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirements for EB-1A classification. Specifically, the Petitioner did not establish receipt of lesser nationally or internationally recognized awards (criterion i) as the certificates were for 'participation' not 'excellence'. The Petitioner also failed to prove a leading or critical role in organizations with a distinguished reputation (criterion viii), as roles were described as 'participant' and the reputation of organizations was not established. Finally, the Petitioner did not demonstrate commanding a high salary (criterion ix) due to lack of comparative wage data and insufficient evidence of the claimed salary.

Others

Jewelry · Uzbekistan

USCIS EB-1A rfe dismissed
New York 2024-08-21
The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements by not satisfying at least three of the ten EB-1A criteria. Specifically, evidence for membership in the Hunarmand Association was deemed unreliable due to inconsistencies and lack of bylaws. Claimed national/international awards lacked corroboration of recognition. Published material about the Petitioner lacked author credits, proof of major media status, and circulation data. The Petitioner's self-published book was not considered a scholarly article for a learned audience. Evidence for artistic exhibitions was insufficient to prove display or that venues were artistic showcases. New claims for high salary and judging roles were raised too late and lacked sufficient evidence.

Others

Art and Design · Uzbekistan

USCIS EB-1A rfe dismissed
Nebraska 2022-01-24
The Petitioner met only one criterion (judging). He failed the awards criterion because the UNESCO Seal of Excellence and 'Best Craftsman' awards lacked evidence of national or international recognition. The original contributions criterion was not met as expert letters were vague, lacked specific examples of impact, or contained inconsistent information regarding his field of expertise.