All Cases

117 cases · 487 approved / sustained · 315 denied / dismissed · 117 remanded

Consultant

Engineering · India

USCIS EB-1A rfe remanded
United States 2025-04-10
The Petitioner satisfied three EB-1A criteria: judging, scholarly articles, and original contributions of major significance. The AAO withdrew the Director's negative finding on original contributions based on high citation counts and expert testimony. The case was remanded for a final merits determination to evaluate sustained national or international acclaim.

Engineer

Engineering

USCIS EB-1A rfe remanded
2025-03-24
The decision was withdrawn and remanded because the Director failed to consider evidence submitted in response to the RFE and misidentified the Petitioner's professional field. The AAO determined a de novo review was necessary to ensure all evidence, including that related to engineering, is properly evaluated against the regulatory criteria.

Others

Broadcasting

USCIS EB-1A remanded
2025-03-18
The Director's decision was withdrawn because it improperly evaluated whether the evidence established 'sustained national or international acclaim' within the individual criteria analysis. Under the Kazarian framework, this evaluation belongs in the final merits determination, not the initial counting of criteria. The matter is remanded for a proper de novo review of the four claimed criteria: awards, published material, judging, and high salary.

Others

Sports · United Kingdom

USCIS EB-1A rfe remanded
Texas 2025-03-13
The AAO found the Beneficiary met the 'awards' criterion through British 'umpire of the year' honors and the 'leading/critical role' criterion via his duties training and assessing umpires for national associations. However, the 'published material' criterion was not met as articles lacked substantial discussion of the Beneficiary, and the 'high salary' criterion was unmet due to inconsistent documentation regarding total global earnings and the number of comparable employees. The case was remanded to address the 'judging' and 'comparable evidence' criteria which the Director previously ignored.

Professor

Performing Arts

USCIS EB-1A rfe remanded
2025-03-11
The AAO found the Petitioner met three criteria: displaying work at artistic showcases, holding a leading or critical role in a distinguished organization, and participating as a judge of the work of others. The judging criterion was satisfied by the Petitioner's role as an adjudicator for university music admissions, evaluating student auditions and screening online portfolios, which the AAO likened to serving on a Ph.D. dissertation committee. This satisfied the initial evidence requirement of meeting at least three criteria, leading to the remand for a final merits determination.

Engineer

Engineering

USCIS EB-1A remanded
2025-03-11
The matter was remanded because the Director's dismissal of the motion to reconsider did not provide an adequate explanation of its reasoning, preventing a meaningful appellate review. The Petitioner's counsel had identified specific legal and factual issues, including the evaluation of original contributions under 8 C.F.R. § 204.5(h)(3)(v), which the Director failed to address in the dismissal notice.

Research Scientist

Environmental Services

USCIS EB-1A rfe remanded
2025-03-10
The Petitioner satisfied three criteria: judging, scholarly articles, and original contributions of major significance. Specifically, she authored 89 peer-reviewed articles with a significant number of citations and provided expert letters detailing her impact on global-scale carbon models and climate change research. The Director's initial denial regarding the original contributions criterion was withdrawn upon de novo review.

Coach

Sports

USCIS EB-1A rfe remanded
2025-02-26
The AAO withdrew the Director's decision and remanded the matter because the Director failed to provide a complete analysis and sufficient basis for denial. Specifically, the Director did not discuss or analyze evidence submitted for criteria (iii), (v), and (ix), comparable evidence, or fully evaluate evidence for criteria (i) and (viii). The Director also made factual errors regarding the Petitioner's occupation and RFE dates.

Others

Sports · Mexico

USCIS EB-1A remanded
2025-02-25
The Director acknowledged the Petitioner's national and regional international medals and records but found his performance on the 'elite international swimming scene' insufficient, noting he did not medal in world championships or qualify for the 2020 Olympic Games. The AAO determined the Director erred by not considering the Petitioner's bronze medal at the U.S. Open Swimming Championship, an event described as a 'major international award' and 'one of the pre-eminent international swimming competitions,' which could demonstrate his place among the top in his field.

Architect

Architecture

USCIS EB-1A remanded
2025-02-05
The Director's decision was based on the finding that the Petitioner only met two of the required three initial evidentiary criteria for extraordinary ability (judging and scholarly articles). The AAO, however, found that the Petitioner also met the high salary criterion, evidenced by 2021 income tax forms and compensation data showing significantly high remuneration. With three criteria met, the AAO withdrew the Director's decision and remanded the case for a final merits determination, as the initial basis for denial was overcome.