This appeal was not successful at this stage
The AAO dismissed the appeal because the beneficiary did not demonstrate at least three years of teaching or research experience in the academic field and did not receive a qualifying offer of employment for a permanent research position, both of which are required for EB-1B classification.
The petitioner, an investment management company, sought EB-1B classification for a beneficiary working as an investment writer. The Texas Service Center denied the petition, and the AAO dismissed the appeal, finding that the beneficiary had only about 29.5 months of experience with the petitioner at the time of filing — short of the required three years — and that prior employment letters described journalism/writing rather than qualifying research or teaching. Additionally, neither the confirmation of employment letter nor the employer letter to USCIS constituted a proper offer of permanent research employment directed to the beneficiary, as required by regulation. Because both deficiencies were independently dispositive, the AAO declined to address the separate issue of whether the petitioner employs at least three full-time researchers.
What failed: 1. The beneficiary had only ~29.5 months of documented research experience at the time of filing, falling short of the mandatory three-year minimum. 2. Prior employer recommendation letters described journalism and writing work, not qualifying research or teaching, and lacked specific employment dates. 3. No document in the record constituted a proper employer-to-beneficiary offer letter for a permanent research position as required by 8 C.F.R. § 204.5(i)(3)(iv)(C).
Takeaway: For EB-1B petitions filed by private employers, ensure the beneficiary has a full three years of documented research experience before filing, and submit a formal, signed offer letter addressed to the beneficiary that explicitly offers a permanent (indefinite-duration) research position — a general confirmation of employment letter addressed to USCIS is insufficient.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The beneficiary had only ~29.5 months of documented research experience at the time of filing, falling short of the mandatory three-year minimum
- Prior employer recommendation letters described journalism and writing work, not qualifying research or teaching, and lacked specific employment dates
- No document in the record constituted a proper employer-to-beneficiary offer letter for a permanent research position as required by 8 C.F.R
- § 204.5(i)(3)(iv)(C).
Completed
I-140 filed
Investment writer and researcher at an investment management company
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2024-02-21
AAO decision — Dismissed
The AAO dismissed the appeal because the beneficiary did not demonstrate at least three years of teaching or research experience in the academic field and did not receive a qualifying offer of employment for a permanent research position, both of which are required for EB-1B classification.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.