Outcome: Dismissed
APR082024_01B2203
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.
Official PDF
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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
| Criterion | Reading | Why |
|---|---|---|
| Met | Director found petitioner fulfilled this display criterion; decision confirms one criterion met | |
| Not met | Video sales and box office receipts insufficient in volume to demonstrate commercial success in performing arts | |
| Not met | Session fees of five hundred dollars and usage fees of one thousand dollars not compared to others; earnings below average | |
| Not met | Partner membership in ANDI does not mandate outstanding achievements as condition for membership | |
| Not met | Articles illegible, blurry, or do not mention petitioner; not published in major trade or media outlets | |
| Claimed, not analyzed | Petitioner did not contest or maintain this claim; waived on appeal | |
| Claimed, not analyzed | Claimed but not analyzed in decision | |
| Claimed, not analyzed | Claimed but not analyzed in decision | |
| Not met | Record 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.
