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EB-1AFilm, music, performing artsIndividualDecided April 2021Dismissed

Outcome: Dismissed

APR162021_03B2203

JudgingMetMembershipNot metPublished materialNot metHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot met

Our summary

An actress and model claimed six EB-1A criteria. The AAO found she met only the judging criterion and dismissed her appeal, concluding she failed to demonstrate extraordinary ability through sustained national or international acclaim as required for this highly restrictive classification.

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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 · Petitioner served as jury member at film festival in 2016, establishing judging criterion.

What was missing

  • Membership · Club membership lacked evidence that outstanding achievement was required; membership committee not shown to be recognized experts.
  • Published material · Submitted publications lacked circulation numbers and did not meet major media threshold for professional or trade outlets.
  • Final merits · Decision concludes petitioner lacks sustained national or international acclaim required for extraordinary ability at top of field.

Criteria

CriterionReadingWhy
JudgingMetPetitioner served as jury member at film festival in 2016, establishing judging criterion.
MembershipNot metClub membership lacked evidence that outstanding achievement was required; membership committee not shown to be recognized experts.
Published materialNot metSubmitted publications lacked circulation numbers and did not meet major media threshold for professional or trade outlets.
High salaryClaimed, not analyzedClaimed but not discussed; decision does not analyze this criterion.
Leading or critical roleClaimed, not analyzedClaimed but not analyzed in detail; decision does not reach this criterion.
Original contributionsClaimed, not analyzedClaimed but analysis focuses on other criteria; decision does not analyze original contributions claim.
Final meritsNot metDecision concludes petitioner lacks sustained national or international acclaim required for extraordinary ability 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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