EB-1AArts, design, architectureEmployerDecided 2006Dismissed
Outcome: Dismissed
Aug162006_07B2203
Leading or critical roleMetAwardsNot metCommercial successNot metHigh salaryNot metJudgingNot metMembershipNot metPublished materialNot metScholarly articlesNot metFinal meritsNot met
Our summary
Performer in performing arts sought EB-1A extraordinary ability classification. AAO found only one criterion met (leading critical role), falling short of three required. Awards lacked documentation, salary and commercial success unproven, published material lacking. 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
- Leading or critical role · Director accepted that petitioner met this criterion
What was missing
- Awards · No primary evidence of awards or significance of prizes referenced
- Commercial success · No box office receipts demonstrating commercial success of performances
- High salary · No statistics showing significantly high wage compared to field peers
- Judging · No evidence of judging or evaluating others in field
- Membership · Association materials lack documentation of membership criteria
- Published material · No evidence of publication relating to criterion
- Scholarly articles · Criterion applies to visual artists; no evidence submitted
- Final merits · Evidence shows talent as performer but not top-level extraordinary ability
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Leading or critical role | Met | Director accepted that petitioner met this criterion |
 Awards | Not met | No primary evidence of awards or significance of prizes referenced |
 Commercial success | Not met | No box office receipts demonstrating commercial success of performances |
 High salary | Not met | No statistics showing significantly high wage compared to field peers |
 Judging | Not met | No evidence of judging or evaluating others in field |
 Membership | Not met | Association materials lack documentation of membership criteria |
 Published material | Not met | No evidence of publication relating to criterion |
 Scholarly articles | Not met | Criterion applies to visual artists; no evidence submitted |
 Final merits | Not met | Evidence shows talent as performer but not top-level extraordinary ability |
A published decision describes one case. It is not legal advice and not a prediction for yours.