Outcome: Dismissed
AUG262014_02B2203
Our summary
Visual artist or designer sought EB-1A extraordinary ability status. Petitioner claimed original contributions and high salary criteria. AAO upheld director's finding that petitioner failed three-criterion threshold; original contributions lacked field-wide significance, and speculative future impact cannot establish eligibility.
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
- Published material · Director determined petitioner met criterion at 8 CFR 204.5(h)(3)(vii)
What was missing
- Original contributions · Contributions did not rise to major significance in field; limited to contracted companies
- Final merits · Failed to meet three separate criteria; burden not satisfied for extraordinary ability
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director determined petitioner met criterion at 8 CFR 204.5(h)(3)(vii) | |
| Not met | Contributions did not rise to major significance in field; limited to contracted companies | |
| Claimed, not analyzed | Claimed but not analyzed; separate criterion not addressed on appeal | |
| Not met | Failed to meet three separate criteria; burden not satisfied for extraordinary ability |
A published decision describes one case. It is not legal advice and not a prediction for yours.
