EB-1AFilm, music, performing artsIndividualDecided 2005Dismissed
Outcome: Dismissed
APR182005_01B2203
Original contributionsMetAwardsNot metCommercial successNot metExhibitionsNot metHigh salaryNot metJudgingNot metMembershipNot metPublished materialNot metFinal meritsNot met
Our summary
A musician sought EB-1A extraordinary ability classification. The petitioner claimed multiple criteria including awards, membership, published material, and others. The AAO found only two criteria met, below the required three-criterion threshold, and concluded the evidence does not demonstrate sustained national or international acclaim or placement in the small percentage at the top.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Original contributions · Petitioner appears to meet criterion based on original compositions and contributions.
What was missing
- Awards · No Grammy nomination award itself provided; album nomination not established as of filing date.
- Commercial success · Hit parade appearance insufficient to demonstrate high record sales or commercial success.
- Exhibitions · Evidence from several years prior; does not demonstrate sustained acclaim at filing.
- High salary · Contracts and Cuban salary approval do not reflect remuneration comparable to top professionals.
- Judging · Petitioner did not claim or demonstrate judging of others in the field.
- Membership · Union membership does not meet criterion requiring outstanding achievements judged by recognized experts.
- Published material · No Cuban media coverage submitted; U.S. media coverage insufficient for national or international acclaim.
- Final merits · Petitioner shows talent but achievements do not set him significantly above others in field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Original contributions | Met | Petitioner appears to meet criterion based on original compositions and contributions. |
 Awards | Not met | No Grammy nomination award itself provided; album nomination not established as of filing date. |
 Commercial success | Not met | Hit parade appearance insufficient to demonstrate high record sales or commercial success. |
 Exhibitions | Not met | Evidence from several years prior; does not demonstrate sustained acclaim at filing. |
 High salary | Not met | Contracts and Cuban salary approval do not reflect remuneration comparable to top professionals. |
 Judging | Not met | Petitioner did not claim or demonstrate judging of others in the field. |
 Membership | Not met | Union membership does not meet criterion requiring outstanding achievements judged by recognized experts. |
 Published material | Not met | No Cuban media coverage submitted; U.S. media coverage insufficient for national or international acclaim. |
 Final merits | Not met | Petitioner shows talent but achievements do not set him significantly above others in field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.