EB-1AArts, design, architectureIndividualDecided 2013Dismissed
Outcome: Dismissed
APR192013_01B2203
Published materialMetExhibitionsNot metLeading or critical roleNot metFinal meritsNot met
Our summary
A violinist claimed extraordinary ability under EB-1A across multiple criteria. The AAO affirmed published material criterion but withdrew the exhibitions finding since performing artists do not qualify under that visual arts provision. Petitioner failed to meet the three-criterion threshold for EB-1A eligibility.
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
- Published material · AAO withdrew director's determination and concluded petitioner satisfied plain language requirements
What was missing
- Exhibitions · AAO withdrew director's finding; as performing artist violinist, petitioner did not create tangible art for display
- Leading or critical role · Petitioner failed to demonstrate organizations had distinguished reputation or role duties matched position
- Final merits · Petitioner failed to establish eligibility for benefit sought; burden not met
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Published material | Met | AAO withdrew director's determination and concluded petitioner satisfied plain language requirements |
 Exhibitions | Not met | AAO withdrew director's finding; as performing artist violinist, petitioner did not create tangible art for display |
 Leading or critical role | Not met | Petitioner failed to demonstrate organizations had distinguished reputation or role duties matched position |
 Final merits | Not met | Petitioner failed to establish eligibility for benefit sought; burden not met |
A published decision describes one case. It is not legal advice and not a prediction for yours.