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EB-1AArts, design, architectureIndividualDecided April 2021Dismissed

Outcome: Dismissed

APR052021_01B2203

AwardsNot metMembershipNot metOriginal contributionsNot metPublished materialNot metScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A painter sought EB-1A extraordinary ability classification. He claimed membership, published material, original contributions, and scholarly articles criteria. The AAO found he satisfied only one initial criterion and failed to meet the required three. Appeal dismissed because the petitioner did not establish extraordinary ability through sustained national or international acclaim.

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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 did not receive major internationally recognized award
  • Membership · Association membership does not require outstanding achievements judged by recognized experts
  • Original contributions · Artwork demonstrates originality but not major significance or impact on the field
  • Published material · Regional newspapers do not qualify as professional or major trade publications or major media
  • Final merits · Record does not support sustained acclaim and recognition required for extraordinary ability

Criteria

CriterionReadingWhy
AwardsNot metPetitioner did not receive major internationally recognized award
MembershipNot metAssociation membership does not require outstanding achievements judged by recognized experts
Original contributionsNot metArtwork demonstrates originality but not major significance or impact on the field
Published materialNot metRegional newspapers do not qualify as professional or major trade publications or major media
Scholarly articlesClaimed, not analyzedClaimed on appeal but not analyzed because initial three-criterion threshold already failed
Final meritsNot metRecord does not support sustained acclaim and recognition required for extraordinary ability

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

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