Outcome: Dismissed
AUG312020_01B2203
Our summary
Executive Vice President and film/television producer seeking EB-1A extraordinary ability. Met three criteria: published materials, leading critical role, and high salary. AAO dismissed appeal, finding the totality of evidence does not establish sustained national or international acclaim and top echelon field status required for extraordinary ability.
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
- High salary · Evidence of 2018 earnings and published wage surveys for producers and directors support meeting this criterion
- Leading or critical role · Petitioner demonstrated leading role as Executive Vice President; current employer's distinguished reputation established
- Published material · Articles in Deadline Hollywood and Broadcast magazine meet criterion for professional or major media publication
What was missing
- Final merits · Despite meeting three criteria, petitioner failed to demonstrate sustained national or international acclaim and top-tier field status overall
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Evidence of 2018 earnings and published wage surveys for producers and directors support meeting this criterion | |
| Met | Petitioner demonstrated leading role as Executive Vice President; current employer's distinguished reputation established | |
| Met | Articles in Deadline Hollywood and Broadcast magazine meet criterion for professional or major media publication | |
| Claimed, not analyzed | Claimed initially but petitioner waived this criterion on appeal and did not contest director's conclusion | |
| Claimed, not analyzed | Claimed as fourth criterion but only considered in final merits determination context | |
| Not met | Despite meeting three criteria, petitioner failed to demonstrate sustained national or international acclaim and top-tier field status overall |
A published decision describes one case. It is not legal advice and not a prediction for yours.
