All Cases

10 cases · 0 approved / sustained · 7 denied / dismissed · 3 remanded

Financial Advisor

Financial Services · Brazil

USCIS EB-1A dismissed
2025-04-09
The appeal was dismissed because the Petitioner failed to meet the minimum of three EB-1A criteria. Specifically, evidence for published material was deemed non-probative due to blanket translation certifications and lack of circulation metrics; the judging criterion was unmet as it involved undergraduate students rather than professionals; and original contributions lacked evidence of major significance or broad industry impact. The record did not establish sustained national or international acclaim.

Entrepreneur

Financial Services

USCIS EB-1A rfe dismissed
2025-01-15
The AAO dismissed the appeal because the petitioner failed to establish eligibility for criteria (i), (iii), (v), and (vi). Criterion (i) was waived by the petitioner. For criterion (iii), published material, articles were found not to be about the petitioner, were paid advertisements, lacked required author/date information, or were published after the filing date. For criterion (v), original contributions, reference letters lacked objective corroborating evidence, and contributions were not deemed of 'major significance' to the field, only to individual clients or projects. For criterion (vi), scholarly articles, the submitted article was not considered scholarly (lacking original research/experimentation) and the publication 'Science and Life' was not deemed a professional or major trade publication for the petitioner's field due to its broad subject matter and lack of evidence for circulation data.

Accountant

Financial Services · Kazakhstan

USCIS EB-1A rfe dismissed
Kazakhstan 2025-01-15
The appeal was dismissed because the Petitioner failed to demonstrate she met the high salary criterion (8 C.F.R. § 204.5(h)(3)(ix)). Although her monthly salary was higher than the average for an accountant in Kazakhstan, her position as 'Regional Accounting Manager' involved significant management duties beyond just accounting tasks. Therefore, the comparative salary data for 'accountants' was deemed inapplicable to her actual role, leading to insufficient evidence for the high salary criterion.

Tax Accountant

Financial Services · Brazil

USCIS EB-1A rfe remanded
Florida 2024-11-22
The AAO withdrew the Director's denial and remanded the case because the Petitioner successfully demonstrated meeting three of the ten initial evidentiary criteria for extraordinary ability. Specifically, the Petitioner met criteria (iv) for judging the work of others, (vi) for authorship of scholarly articles, and (viii) for a critical role in an organization with a distinguished reputation. The decision highlighted the Petitioner's role as an instructor evaluating student coursework and authorship of articles for a major Brazilian newspaper, affirming its prestige through a Britannica.com reference.

Financial Manager

Financial Services · China

USCIS EB-1A remanded
2024-09-20
The AAO found the Petitioner satisfied three of the ten EB-1A criteria: authorship of scholarly articles, published materials about him in major media (an online news site ranked as the ninth most popular web portal in China with 10 million readers), and performance in a leading role for a distinguished organization (his private equity firm, which grew from $4.2 million to $254.6 million in assets and won 'Oscars of the Chinese public fund industry' awards). The Director's contrary findings on the latter two criteria were withdrawn, and the case was remanded for a final merits determination.

Financial Manager

Financial Services

USCIS EB-1A remanded
2024-09-13
The Director erred in determining that the petitioner did not meet the leading or critical role criterion. The AAO found sufficient evidence that the petitioner performed leading or critical roles for distinguished venture capital firms K- and N-, including managing significant funds (1.5 billion yuan and $170 million USD) and founding N- which earned over $26 million in revenue in 2022 and garnered industry awards. With this, the petitioner satisfied three criteria (published material, judging, leading/critical role), necessitating a remand for a final merits review.

Chief Financial Officer (CFO)

Financial Services · Canada

USCIS EB-1A rfe dismissed
Ontario 2024-04-11
The appeal was dismissed because the Petitioner failed to meet at least three EB-1A criteria. The membership criterion was unmet as no bylaws or governing principles were provided; the published material criterion was unmet because the articles were about the employer's projects; and the judging criterion lacked specific dates and competition titles. Additionally, the original contributions were deemed to have impact only on specific companies rather than the field as a whole.

Financial Analyst

Financial Services · China

USCIS EB-1A rfe dismissed
2024-04-08
The Petitioner failed to meet the statutory requirement of proving intent to work in the field in the U.S. and only satisfied one EB-1A criterion (scholarly articles) instead of the required three. A finding of material misrepresentation was affirmed because the Petitioner submitted altered translations of judging evidence to make student competitions appear as professional ones. Other criteria challenges were deemed waived as the Petitioner did not specify errors in the Director's findings on appeal.

Others

Financial Services

USCIS EB-1A dismissed
2024-03-12
The motion to reconsider was dismissed as untimely (filed 45 days after the decision). The motion to reopen was dismissed because the Petitioner failed to establish the third required criterion (published material), as the record lacked circulation and comparative data for Venture Capital Journal. Additionally, the Petitioner did not demonstrate that the delay in filing was beyond his control.

Research Scientist

Financial Services

USCIS EB-1A dismissed
2022-02-15
The Beneficiary's peer review of five papers and publication of seven documents over six years were deemed insufficient to establish a career of acclaimed work compared to those at the top of the field. Reference letters lacked specific citation metrics or evidence of widespread influence, and the high salary was not shown to be commensurate with national or international acclaim.