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EB-1AArts, design, architectureIndividualDecided 2012Dismissed

Outcome: Dismissed

Apr052012_04B2203

AwardsMetExhibitionsNot metJudgingNot metMembershipNot metPublished materialNot metCommercial successClaimed, not analyzedLeading or critical roleClaimed, not analyzedFinal meritsNot met

Our summary

Dance instructor or choreographer petitioner claimed multiple EB-1A criteria but met only awards criterion. AAO applied Kazarian two-step test: counted evidence types and found fewer than three qualifying criteria met. Petitioner's ambiguous career focus between dance competition and instruction undermined claim. Appeal dismissed.

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

  • Awards · Director found petitioner established eligibility under this criterion

What was missing

  • Exhibitions · Director found petitioner failed to establish eligibility under artistic display criterion
  • Judging · AAO specifically reviewed and found petitioner failed to meet this criterion
  • Membership · Director found insufficient evidence of membership in qualifying associations
  • Published material · AAO specifically reviewed and found petitioner failed to meet plain language requirements
  • Final merits · Petitioner met only one criterion (awards); failed to meet threshold of three types of evidence

Criteria

CriterionReadingWhy
AwardsMetDirector found petitioner established eligibility under this criterion
ExhibitionsNot metDirector found petitioner failed to establish eligibility under artistic display criterion
JudgingNot metAAO specifically reviewed and found petitioner failed to meet this criterion
MembershipNot metDirector found insufficient evidence of membership in qualifying associations
Published materialNot metAAO specifically reviewed and found petitioner failed to meet plain language requirements
Commercial successClaimed, not analyzedNot claimed or discussed in this decision
Leading or critical roleClaimed, not analyzedClaimed on appeal but not meaningfully analyzed; abandoned by counsel per decision logic
Final meritsNot metPetitioner met only one criterion (awards); failed to meet threshold of three types of evidence

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

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