EB-1AArts, design, architectureIndividualDecided 2005Dismissed
Outcome: Dismissed
APR182005_05B2203
Original contributionsMetAwardsNot metHigh salaryNot metJudgingNot metMembershipNot metPublished materialNot metScholarly articlesClaimed, not analyzedFinal meritsNot met
Our summary
Musician and musical director filed EB-1A petition claiming extraordinary ability. Petitioner met only two of ten required criteria. AAO found regional success and upward career trajectory but insufficient evidence of sustained national or international acclaim at very top of field. Appeal dismissed.
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 established significant contributions to field as musician and musical director
What was missing
- Awards · No Grammy nomination award on file as of filing date; insufficient evidence of significance
- High salary · Contracts and Cuban salary documentation do not show remuneration comparable to top of field
- Judging · Asserted on appeal but insufficient evidence that petitioner has judged work of others
- Membership · Union membership alone does not meet criterion; no evidence of exclusive membership requirements
- Published material · Media coverage not indicative of national or international acclaim; no Cuban media coverage submitted
- Final merits · Petitioner met only two of ten criteria; evidence shows talent but not sustained national or international acclaim
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Original contributions | Met | Petitioner established significant contributions to field as musician and musical director |
 Awards | Not met | No Grammy nomination award on file as of filing date; insufficient evidence of significance |
 High salary | Not met | Contracts and Cuban salary documentation do not show remuneration comparable to top of field |
 Judging | Not met | Asserted on appeal but insufficient evidence that petitioner has judged work of others |
 Membership | Not met | Union membership alone does not meet criterion; no evidence of exclusive membership requirements |
 Published material | Not met | Media coverage not indicative of national or international acclaim; no Cuban media coverage submitted |
 Scholarly articles | Claimed, not analyzed | Not claimed or addressed in decision |
 Final merits | Not met | Petitioner met only two of ten criteria; evidence shows talent but not sustained national or international acclaim |
A published decision describes one case. It is not legal advice and not a prediction for yours.