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EB-1AArts, design, architectureIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR132023_01B2203

JudgingMetPublished materialMetCommercial successNot metExhibitionsNot metFinal meritsNot met

Our summary

A fashion designer and entrepreneur claimed extraordinary ability through five criteria. The AAO found only two criteria met (published material and judging), concluded she did not meet the threshold of three criteria, and found insufficient sustained acclaim for the elite classification sought.

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

  • Judging · Served as jury member for beauty pageants, allied field to fashion design
  • Published material · Evidence includes title, date, and author meeting regulatory plain language requirement

What was missing

  • Commercial success · Not established as performing artist; no specific evidence of type required by regulation
  • Exhibitions · Work displayed was not at artistic exhibitions or showcases as required
  • Final merits · Petitioner does not show sustained national or international acclaim; not among small percentage at top of field

Criteria

CriterionReadingWhy
JudgingMetServed as jury member for beauty pageants, allied field to fashion design
Published materialMetEvidence includes title, date, and author meeting regulatory plain language requirement
Commercial successNot metNot established as performing artist; no specific evidence of type required by regulation
ExhibitionsNot metWork displayed was not at artistic exhibitions or showcases as required
Final meritsNot metPetitioner does not show sustained national or international acclaim; not 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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