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EB-1AFilm, music, performing artsIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG242023_01B2203

Scholarly articlesMetAwardsNot metExhibitionsNot metLeading or critical roleNot metOriginal contributionsNot metFinal meritsNot met

Our summary

Self-petitioner film director and producer sought EB-1A extraordinary ability classification. AAO found only one of six required criteria met. Evidence of awards, original contributions, exhibitions, and critical roles was insufficient or unsupported. Record lacks evidence of sustained national or international acclaim required for the classification.

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

  • Scholarly articles · Director found and AAO agrees petitioner meets this criterion.

What was missing

  • Awards · Evidence does not establish that awards referenced were nationally or internationally recognized or that petitioner actually received them.
  • Exhibitions · Evidence does not show petitioner was listed in film credits, so display of films at festivals does not constitute display of her work.
  • Leading or critical role · Letters lack personal knowledge of petitioner's leading or critical roles; claims about awards are unsupported.
  • Original contributions · Claims of inventing vanishing effect and authoring book lack sufficient documentary evidence of original contributions of major significance.
  • Final merits · Record does not demonstrate sustained national or international acclaim or that petitioner is among small percentage at top of field.

Criteria

CriterionReadingWhy
Scholarly articlesMetDirector found and AAO agrees petitioner meets this criterion.
AwardsNot metEvidence does not establish that awards referenced were nationally or internationally recognized or that petitioner actually received them.
ExhibitionsNot metEvidence does not show petitioner was listed in film credits, so display of films at festivals does not constitute display of her work.
Leading or critical roleNot metLetters lack personal knowledge of petitioner's leading or critical roles; claims about awards are unsupported.
Original contributionsNot metClaims of inventing vanishing effect and authoring book lack sufficient documentary evidence of original contributions of major significance.
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or that petitioner is among small percentage at top of field.

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

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