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O-1AFilm, music, performing artsEmployerDecided April 2021Dismissed

Outcome: Dismissed

APR192021_01D8101

AwardsNot metJudgingNot metPublished materialNot metHigh salaryClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

Television production and publishing company petitioned for executive editor and journalist beneficiary for O-1A extraordinary ability visa in business. Petitioner claimed seven criteria but failed to establish major internationally recognized award or three alternate criteria. Award lacked recognition, article timing invalid, judging participation unproven. Appeal dismissed.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Awards · Award for Best Screenwriter from film festival lacked national or international recognition; competition open to all with internet access
  • Judging · Reference letter confirmed invitation to judge but insufficient evidence of actual participation in judging work
  • Published material · Article not primarily about beneficiary; publication not established as major medium; timing issue post-filing
  • Final merits · Failed to establish three required evidentiary criteria; extraordinary ability not demonstrated

Criteria

CriterionReadingWhy
AwardsNot metAward for Best Screenwriter from film festival lacked national or international recognition; competition open to all with internet access
JudgingNot metReference letter confirmed invitation to judge but insufficient evidence of actual participation in judging work
Published materialNot metArticle not primarily about beneficiary; publication not established as major medium; timing issue post-filing
High salaryClaimed, not analyzedClaimed but not analyzed
MembershipClaimed, not analyzedClaimed but not analyzed
Original contributionsClaimed, not analyzedClaimed but not analyzed
Scholarly articlesClaimed, not analyzedClaimed but not analyzed
Final meritsNot metFailed to establish three required evidentiary criteria; extraordinary ability not demonstrated

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

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