Outcome: Dismissed
JUN042026_05B2203
Our summary
An industrial engineer sought EB-1A for renewable energy innovation. He did not claim five criteria and withdrew reliance on two others USCIS initially credited. AAO found his Ukrainian government awards lacked national recognition and did not evidence excellence in engineering. Petitioner failed initial evidentiary threshold and appeal was dismissed.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Awards · Petitioner's Ukrainian government awards for patriotism and dedication lack national or international recognition and do not relate to excellence in engineering field.
- Leading or critical role · USCIS initially found criterion met but AAO withdrew determination; insufficient evidence of leading or critical role for distinguished organization.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not met | Petitioner's Ukrainian government awards for patriotism and dedication lack national or international recognition and do not relate to excellence in engineering field. | |
| Not met | USCIS initially found criterion met but AAO withdrew determination; insufficient evidence of leading or critical role for distinguished organization. | |
| Claimed, not analyzed | Criterion waived; petitioner did not claim this criterion in underlying record or on appeal. | |
| Claimed, not analyzed | Criterion waived; petitioner did not claim this criterion in underlying record or on appeal. | |
| Claimed, not analyzed | Criterion waived; petitioner did not claim this criterion in underlying record or on appeal. | |
| Claimed, not analyzed | Criterion waived; petitioner did not claim this criterion in underlying record or on appeal. | |
| Claimed, not analyzed | Criterion waived; petitioner did not claim this criterion in underlying record or on appeal. | |
| Not reached / not discussed | Not reached; petitioner failed to meet threshold of three initial evidentiary criteria; two-step Kazarian review precludes final merits analysis without required initial evidence. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
