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O-1AFilm, music, performing artsIndividualDecided 2015Dismissed

Outcome: Dismissed

APR032015_01D8101

AwardsNot metHigh salaryNot metJudgingClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzed

Our summary

Singer applying for O-1A visa. Petitioner claimed eligibility under seven criteria but satisfied none of three required. Award received while student not shown open to professionals; wage comparable to average levels in market. Petition fails initial evidentiary threshold. Appeal 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 · High school student award not shown to be open to established professionals in field.
  • High salary · Hourly rate fell between average Level 3 and Level 4 singers, not substantially higher.

Criteria

CriterionReadingWhy
AwardsNot metHigh school student award not shown to be open to established professionals in field.
High salaryNot metHourly rate fell between average Level 3 and Level 4 singers, not substantially higher.
JudgingClaimed, not analyzedClaimed but not analyzed in decision.
MembershipClaimed, not analyzedClaimed but not analyzed in decision.
Original contributionsClaimed, not analyzedClaimed but not analyzed in decision.
Published materialClaimed, not analyzedClaimed but not analyzed in decision.
Scholarly articlesClaimed, not analyzedClaimed but not analyzed in decision.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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