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EB-1AArts, design, architectureIndividualDecided 2005Dismissed

Outcome: Dismissed

APR192005_01B2203

AwardsMetJudgingMetHigh salaryNot metLeading or critical roleNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

Art director in entertainment advertising claimed extraordinary ability. AAO found two criteria met: awards indicating sustained national acclaim and judging experience. However, original contributions and leading role not established; high salary not sustained. Overall evidence insufficient to show petitioner is among the small percentage at the very top.

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

  • Awards · AAO found petitioner's awards indicate sustained national acclaim despite director's flaws in analysis
  • Judging · Evidence of judging experience sufficient to establish eligibility in this category

What was missing

  • High salary · Single year high income insufficient; petitioner did not repeatedly earn comparable compensation
  • Leading or critical role · No corroboration that petitioner held leading role; another individual listed on many awards
  • Original contributions · Portfolio shows successful employment but not original artistic contributions of major significance
  • Published material · Articles about field not about petitioner individually; cannot establish petitioner's eligibility
  • Final merits · Record insufficient to establish petitioner is alien with extraordinary ability at very top of field

Criteria

CriterionReadingWhy
AwardsMetAAO found petitioner's awards indicate sustained national acclaim despite director's flaws in analysis
JudgingMetEvidence of judging experience sufficient to establish eligibility in this category
High salaryNot metSingle year high income insufficient; petitioner did not repeatedly earn comparable compensation
Leading or critical roleNot metNo corroboration that petitioner held leading role; another individual listed on many awards
Original contributionsNot metPortfolio shows successful employment but not original artistic contributions of major significance
Published materialNot metArticles about field not about petitioner individually; cannot establish petitioner's eligibility
Final meritsNot metRecord insufficient to establish petitioner is alien with extraordinary ability at very top of field

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

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