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EB-1AFilm, music, performing artsIndividualDecided August 2022Dismissed

Outcome: Dismissed

AUG012022_01B2203

AwardsClaimed, not analyzedCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot reached / not discussed

Our summary

An actor sought extraordinary ability classification under EB-1A. The service center denied the petition partly because the petitioner failed to demonstrate intent to continue work in the field in the United States despite requests for evidence. The AAO dismissed the appeal without addressing the claimed evidentiary criteria because the petitioner waived the intent to work issue.

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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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
AwardsClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
Commercial successClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
ExhibitionsClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
High salaryClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
JudgingClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
Leading or critical roleClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
MembershipClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
Original contributionsClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
Published materialClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
Scholarly articlesClaimed, not analyzedClaimed but not analyzed; appeal dismissed on intent to work ground.
Final meritsNot reached / not discussedNot reached; dispositive issue of intent to continue work in field.

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

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