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EB-1AArts, design, architectureIndividualDecided August 2022Dismissed

Outcome: Dismissed

AUG192022_02B2203

ExhibitionsMetJudgingMetPublished materialMetFinal meritsNot met

Our summary

Jazz percussionist and music instructor sought EB-1A classification. Met three evidentiary criteria initially but AAO held he failed final merits test, lacking sustained national or international acclaim and failing to demonstrate standing among the very top musicians in his field.

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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

  • Exhibitions · Director found petitioner met criterion for display of work at artistic showcases; AAO agreed with initial evidentiary requirement met.
  • Judging · Director found petitioner met criterion for participation as judge; AAO agreed with initial evidentiary requirement met.
  • Published material · Director found petitioner met this criterion; AAO agreed with initial evidentiary requirement met.

What was missing

  • Final merits · AAO found petitioner lacked sustained national or international acclaim and was not among small percentage at very top of field.

Criteria

CriterionReadingWhy
ExhibitionsMetDirector found petitioner met criterion for display of work at artistic showcases; AAO agreed with initial evidentiary requirement met.
JudgingMetDirector found petitioner met criterion for participation as judge; AAO agreed with initial evidentiary requirement met.
Published materialMetDirector found petitioner met this criterion; AAO agreed with initial evidentiary requirement met.
Final meritsNot metAAO found petitioner lacked sustained national or international acclaim and was not among small percentage 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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