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EB-1AFilm, music, performing artsIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR082024_01B2203

ExhibitionsMetCommercial successNot metHigh salaryNot metMembershipNot metPublished materialNot metJudgingClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

An actor sought EB-1A extraordinary ability classification. He claimed seven criteria and met only one. The AAO dismissed the appeal, finding he did not satisfy the three-criterion minimum. His published materials were not verifiable or in major outlets, his membership lacked outstanding achievement requirements, his salary was not significantly high compared to peers, and his commercial success was insufficient by volume.

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Exhibitions · Director found petitioner fulfilled this display criterion; decision confirms one criterion met

What was missing

  • Commercial success · Video sales and box office receipts insufficient in volume to demonstrate commercial success in performing arts
  • High salary · Session fees of five hundred dollars and usage fees of one thousand dollars not compared to others; earnings below average
  • Membership · Partner membership in ANDI does not mandate outstanding achievements as condition for membership
  • Published material · Articles illegible, blurry, or do not mention petitioner; not published in major trade or media outlets
  • Final merits · Record does not demonstrate sustained national or international acclaim or place among small percentage at top of field

Criteria

CriterionReadingWhy
ExhibitionsMetDirector found petitioner fulfilled this display criterion; decision confirms one criterion met
Commercial successNot metVideo sales and box office receipts insufficient in volume to demonstrate commercial success in performing arts
High salaryNot metSession fees of five hundred dollars and usage fees of one thousand dollars not compared to others; earnings below average
MembershipNot metPartner membership in ANDI does not mandate outstanding achievements as condition for membership
Published materialNot metArticles illegible, blurry, or do not mention petitioner; not published in major trade or media outlets
JudgingClaimed, not analyzedPetitioner did not contest or maintain this claim; waived on appeal
Original contributionsClaimed, not analyzedClaimed but not analyzed in decision
Scholarly articlesClaimed, not analyzedClaimed but not analyzed in decision
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or place among small percentage at top of field

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

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