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EB-1AMarketing, media, communicationsIndividualDecided April 2021Dismissed

Outcome: Dismissed

APR152021_01B2203

High salaryMetPublished materialMetCommercial successNot metExhibitionsNot metLeading or critical roleNot metOriginal contributionsNot metAwardsClaimed, not analyzedMembershipClaimed, not analyzedFinal meritsNot met

Our summary

Sports journalist employed at major television networks initially claimed seven criteria. AAO found published material and high salary met but rejected original contributions, display, and critical role claims. Decision sustained dismissal based on lack of sustained national or international acclaim required for extraordinary ability.

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

  • High salary · Director and AAO agree petitioner met criterion for high salary or remuneration
  • Published material · Director and AAO agree petitioner met criterion for published material in professional and major media

What was missing

  • Commercial success · Ratings comparison not pursued; petitioner has not cleared initial evidentiary threshold for discussion
  • Exhibitions · Television appearances, talk show appearance, and competitive dancing do not constitute display at artistic exhibitions or showcases
  • Leading or critical role · Anchor role at network program does not demonstrate critical role for the organization itself
  • Original contributions · Documentaries and network innovations do not establish major significance; general skill assessments insufficient
  • Final merits · Employment at major networks presumptively insufficient; petitioner left network in 2018 without maintaining high profile demonstrating sustained acclaim

Criteria

CriterionReadingWhy
High salaryMetDirector and AAO agree petitioner met criterion for high salary or remuneration
Published materialMetDirector and AAO agree petitioner met criterion for published material in professional and major media
Commercial successNot metRatings comparison not pursued; petitioner has not cleared initial evidentiary threshold for discussion
ExhibitionsNot metTelevision appearances, talk show appearance, and competitive dancing do not constitute display at artistic exhibitions or showcases
Leading or critical roleNot metAnchor role at network program does not demonstrate critical role for the organization itself
Original contributionsNot metDocumentaries and network innovations do not establish major significance; general skill assessments insufficient
AwardsClaimed, not analyzedPetitioner did not claim or establish major internationally recognized award
MembershipClaimed, not analyzedNot among seven criteria initially claimed by petitioner
Final meritsNot metEmployment at major networks presumptively insufficient; petitioner left network in 2018 without maintaining high profile demonstrating sustained acclaim

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

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