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USCIS Denial Notice for an O-1 Petition (I-129, Vermont SC, Dec 2025)

Updated: Author: Alina Kanametova

Reference Guides 12 pages Anonymized Access on request

12-page USCIS decision denying a Form I-129 O-1 petition (Vermont Service Center, Dec 3, 2025) - criterion-by-criterion reasoning for the denial.

O-1 Petition After filing

About this document

USCIS denial notice on a Form I-129O O-1 petition filed for a software engineer. It explains the O-1 legal standard, lists the evidence submitted and RFE response, and analyzes each evidentiary criterion under 8 CFR 214.2(o)(3)(iii). USCIS concludes the record did not show a major award or at least three qualifying criteria, so the petition was denied.

Key points

  • The filing was a Form I-129O for O classification, submitted by an agent for a software engineer.
  • USCIS issued an RFE after finding the initial record did not prove extraordinary ability.
  • The notice recites the O-1 standards under INA 101(a)(15)(O) and 8 CFR 214.2(o).
  • No evidence showed a major internationally recognized award such as a Nobel Prize.
  • Membership and judging criteria were treated as appearing met, but that still was not enough.
  • Published-press evidence was rejected because the articles did not show top-of-field acclaim and the sources were not shown to be major media.
  • Authorship evidence was rejected because publication alone did not show the articles' significance, and some sites allowed broad user submission.
  • Critical-capacity and high-salary claims were rejected for contractor work, lack of objective proof, and wage evidence tied to regional or unreliable sources.

What is inside

  1. Decision and petition filing
  2. O-1 legal standard and filing rules
  3. RFE and evidence submitted
  4. Criterion-by-criterion analysis
  5. Totality of the evidence conclusion

When it helps

A denial notice for an O-1 petition that shows how USCIS evaluates the initial evidentiary requirement and then each of the eight O-1 criteria. It serves as evidence of what documents and arguments USCIS considered and why the record was found insufficient.

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Source: Community (anonymized). The material opens on the site. Reference material, not legal advice.

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