EB-1AFilm, music, performing artsIndividualDecided April 2021Dismissed
Outcome: Dismissed
APR152021_04B2203
Commercial successMetHigh salaryMetAwardsNot metLeading or critical roleNot metFinal meritsNot met
Our summary
A songwriter and music producer sought EB-1A extraordinary ability classification. The AAO affirmed the service center's denial, finding petitioner met only two of ten evidentiary criteria (high salary and commercial success). The proposed awards and critical role criteria failed; collectively insufficient evidence demonstrated 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
- Commercial success · Director found petitioner met commercial success in performing arts criterion
- High salary · Director found petitioner met high salary criterion relative to others in field
What was missing
- Awards · SOCAN Songwriting Prize limited to emerging artists, not nationally or internationally recognized
- Leading or critical role · Commercial success insufficient; no evidence role was significant to organization's overall activities
- Final merits · Petitioner progressing toward top of field, not already at top; lacks sustained national or international acclaim
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Commercial success | Met | Director found petitioner met commercial success in performing arts criterion |
 High salary | Met | Director found petitioner met high salary criterion relative to others in field |
 Awards | Not met | SOCAN Songwriting Prize limited to emerging artists, not nationally or internationally recognized |
 Leading or critical role | Not met | Commercial success insufficient; no evidence role was significant to organization's overall activities |
 Final merits | Not met | Petitioner progressing toward top of field, not already at top; lacks sustained national or international acclaim |
A published decision describes one case. It is not legal advice and not a prediction for yours.