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EB-1AFilm, music, performing artsIndividualDecided 2017Dismissed

Outcome: Dismissed

AUG112017_01B2203

AwardsNot metCommercial successNot metMembershipNot metPublished materialNot metExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot reached / not discussed

Our summary

A pop singer sought extraordinary ability classification, claiming a major award and eight regulatory criteria. The appeals office found no qualifying one-time achievement and fewer than three criteria satisfied, citing missing evidence of recognition, membership requirements, media details and sales receipts. The appeal was dismissed, with the aggregate record also falling short.

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 · Certificates and diplomas were not shown to be nationally or internationally recognized, such as through major media coverage.
  • Commercial success · No box office receipts or music sales were provided; samples of music and performances do not suffice.
  • Membership · No bylaws or proof that membership requires outstanding achievements judged by recognized experts.
  • Published material · Material lacked required details like date and author, and publications were not shown to be major media.

Criteria

CriterionReadingWhy
AwardsNot metCertificates and diplomas were not shown to be nationally or internationally recognized, such as through major media coverage.
Commercial successNot metNo box office receipts or music sales were provided; samples of music and performances do not suffice.
MembershipNot metNo bylaws or proof that membership requires outstanding achievements judged by recognized experts.
Published materialNot metMaterial lacked required details like date and author, and publications were not shown to be major media.
ExhibitionsClaimed, not analyzedClaimed but not analyzed in the available text of the decision.
High salaryClaimed, not analyzedClaimed but not analyzed in the available text of the decision.
Leading or critical roleClaimed, not analyzedClaimed but not analyzed in the available text of the decision.
Original contributionsClaimed, not analyzedClaimed but not analyzed in the available text of the decision.
Final meritsNot reached / not discussedFormal merits analysis unnecessary, but aggregate review did not show the required level of expertise.

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

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