All Cases
14 cases · 1 approved / sustained · 7 denied / dismissed · 6 remanded
General Manager
Consulting
USCIS EB-1A rfe dismissed
2025-04-09
The appeal was dismissed because the Petitioner failed to satisfy at least three of the ten regulatory criteria at 8 C.F.R. § 204.5(h)(3). The Petitioner did not provide specific arguments or evidence to overcome the Director's findings regarding memberships, published materials, original contributions, scholarly articles, artistic displays, or leading roles. Consequently, the Petitioner did not establish sustained national or international acclaim or that he is among the small percentage at the top of the field.
Consultant
Consulting
USCIS EB-1A rfe dismissed
2025-04-03
The appeal was dismissed because the Petitioner failed to satisfy the membership criterion (8 C.F.R. § 204.5(h)(3)(ii)), as her SAFe certifications did not constitute memberships in associations requiring outstanding achievements. Since she only claimed three criteria in response to the RFE and failed to meet this one, she could not numerically meet the required minimum of three criteria. The record also lacked evidence of a major internationally recognized award or sustained national/international acclaim.
Business Analyst
Consulting · Brazil
USCIS EB-1A dismissed
Texas 2025-03-27
The Petitioner failed to satisfy at least three of the ten EB-1A criteria; specifically, the youth award was not shown to be nationally recognized, and the Brazilian work card was a compulsory registration rather than a membership based on outstanding achievements. Additionally, evidence for original contributions and leading roles lacked specific details on how her work was of major significance to the field at large.
Business Manager
Consulting
USCIS EB-1A dismissed
2025-02-26
The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the AAO found the published materials were not 'about' the Petitioner's work and the publications' standing was not established. Original contributions were not shown to be of major significance beyond the employer, and expert letters lacked sufficient detail. The leading or critical role criterion was not met because the organizations' distinguished reputation was not proven. The high salary criterion was not reached as the other criteria were dispositive.
Business Consultant
Consulting · Georgia
USCIS EB-1A rfe dismissed
Pennsylvania 2025-02-03
The appeal was dismissed because the Petitioner failed to provide sufficient objective evidence to meet at least three of the ten EB-1A criteria. Specifically, the Petitioner did not adequately demonstrate membership in associations requiring outstanding achievements, participation as a judge of others' work, original contributions of major significance, authorship of scholarly articles, or high remuneration. While two criteria (published material and leading role) were initially met, the evidence was not sustained, and the record did not show the Petitioner was among the small percentage at the very top of her field, especially lacking sustained prominence in later years.
Consultant
Consulting · Brazil
USCIS EB-1A rfe remanded
2024-12-18
The AAO withdrew the Director's decision because the petitioner's clarified intent to work as a consultant and advisor in business, focusing on religious freedom and diversity in the workplace, was deemed to fall within the statutory field of 'business'. The AAO found that the petitioner satisfied three evidentiary criteria: (1) performance in leading or critical roles, (2) participation as a judge through peer review activities for scholarly articles, and (3) authorship of a scholarly article titled 'The I I' published in Consulex Legal Review in 2014. With three criteria met, the case was remanded for a final merits determination, as the Director had not performed this step.
Director
Consulting
USCIS EB-1A remanded
2024-11-26
The Director denied the petition because the Petitioner initially only met two of the required three criteria (published material and leading role). However, the AAO found that the Petitioner's 2022 remuneration of RMB 1,958,142, as evidenced by income tax records, qualified her for the high salary criterion, satisfying the minimum three criteria. Therefore, the AAO withdrew the Director's decision and remanded the case for a final merits determination.
Marketing Manager
Consulting
USCIS EB-1A rfe remanded
2024-11-26
The AAO remanded the case because the Director failed to adequately explain reasons for denial, did not fully discuss the contents of submitted documents, and mischaracterized evidence. Specifically, the Director incorrectly dismissed evidence for the lead or critical role criterion, mischaracterized membership evidence from the Eastern European Marketing Association, and incorrectly dismissed published materials by stating they were not professional publications and misapplying legal precedent regarding circulation data.
Director
Consulting
USCIS EB-1A dismissed
2024-10-30
The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary's sustained national or international acclaim or that he is among the small percentage at the very top of his field. Although the Beneficiary met three initial criteria (judging, scholarly articles, leading/critical role), the evidence lacked sufficient significance. Specifically, his judging experience (one committee, one book review) and single authored article (76 citations) were not shown to be widely recognized or impactful compared to top professionals. Recommendation letters and salary were also deemed insufficient to establish widespread acclaim.
Chief Executive Officer (CEO)
Consulting · Russia
USCIS EB-1A remanded
2024-08-27
The Director's decision was withdrawn and the case remanded because the AAO found the Petitioner met three of the ten EB-1A criteria, specifically: authorship of scholarly articles, participation as a judge of others' work in international law (an allied field to new market business strategy), and commanding a high salary relative to others in her field. The Director had initially only found one criterion met. The AAO accepted new evidence on appeal for the high salary criterion, which showed her 2023 salary of $284,700 exceeded the average and high salaries for business intelligence analysts.