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EB-1AArts, design, architectureIndividualDecided 2012Dismissed

Outcome: Dismissed

Apr202012_01B2203

Commercial successNot metExhibitionsNot metOriginal contributionsNot metAwardsClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

Performing artist petitioner claimed ten EB-1A criteria including original contributions, exhibitions, and commercial success in performing arts. AAO found petitioner meets none of the ten regulatory criteria and therefore lacks sustained national or international acclaim necessary for extraordinary ability classification. Appeal dismissed.

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Commercial success · Counsel appealed this criterion but AAO found petitioner does not meet it
  • Exhibitions · Counsel appealed but AAO found petitioner fails to meet this criterion
  • Original contributions · AAO found petitioner meets none of the ten regulatory criteria; no explicit original contributions claim made
  • Final merits · Petitioner failed to meet three or more criteria; no sustained national or international acclaim demonstrated

Criteria

CriterionReadingWhy
Commercial successNot metCounsel appealed this criterion but AAO found petitioner does not meet it
ExhibitionsNot metCounsel appealed but AAO found petitioner fails to meet this criterion
Original contributionsNot metAAO found petitioner meets none of the ten regulatory criteria; no explicit original contributions claim made
AwardsClaimed, not analyzedClaimed initially but counsel did not challenge director's rejection on appeal
High salaryClaimed, not analyzedNot claimed or discussed in this decision
JudgingClaimed, not analyzedClaimed initially but counsel did not challenge director's rejection on appeal
Leading or critical roleClaimed, not analyzedNot claimed or discussed in this decision
MembershipClaimed, not analyzedClaimed initially and on RFE but counsel did not challenge director's rejection on appeal
Published materialClaimed, not analyzedClaimed initially but counsel did not challenge director's rejection on appeal
Scholarly articlesClaimed, not analyzedNot claimed or discussed in this decision
Final meritsNot metPetitioner failed to meet three or more criteria; no sustained national or international acclaim demonstrated

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

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