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Case study · EB-1A · Denied

Transformation manager, EB-1A denied after three criteria were met, on sustained acclaim

A self-petition with a large exhibit list. Three criteria were accepted after the RFE response but the final merits determination failed on recency and on whether the evidence showed the very top of the field.

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EB-1ADenied
Source
Adjudicator notice (de-identified)
Timeline
Filed April 2025, RFE nine days later, response in July, denial in August 2025
Key lesson

Final merits is a separate test. Accepted criteria can still fail if they do not add up to the top of the field.

Profile

IT transformation manager in cloud and data-center migration at a large global IT services firm, with prior consulting roles, an engineering degree, an MBA, one journal article and two trade-site articles, professional memberships, peer review, and fair judging. Self-petitioner with a pre-arranged employer in the US.

What was claimed

  • AwardsNot met
  • MembershipMet
  • JudgingMet
  • Original contributionsNot met
  • Scholarly articlesMet
  • Leading or critical roleNot met
  • High salaryNot met

What happened

The RFE said none of the seven criteria had been met. The response, which listed well over a hundred exhibits, moved three criteria to met.

Final merits: the officer said membership status could not be revoked and had no periodic recertification, so it did not show sustained acclaim. Judging was not recent. No scholarly article had been authored in the current year.

Original contributions: review articles and letters did not show implementation or adoption. The officer pointed out that letters must be backed by pre-existing, independent, objective evidence.

Leading or critical role: letters showed work similar to an individual contributor delivering tasks on time. Salary: pay stubs, W-2s and broad online data did not show a high salary relative to others.

The officer also found that awards from current and former employers lacked evidence of national or international recognition.

Lessons for evaluating your own case

Every notice is a list of what to fix. Use these as a checklist for your own evidence.

  • Final merits is a separate test. Accepted criteria can still fail if they do not add up to the top of the field.
  • Keep at least one recent item in each criterion. The officer read stale evidence as not sustained.
  • Employer awards need proof of national or international recognition and the number of recipients.
  • A big exhibit count is not evidence quality. The officer expects objective, independent proof of influence.
  • Consider whether to refile with a stronger anchor criterion rather than appealing on the same record.
Limits of this case. This reflects one adjudicator's reasoning. Others may weigh recency and membership differently.
Anonymized. Personal details, employers, receipt numbers, officer codes and law firms are removed. This is general information, not legal advice.
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