Outcome: Dismissed
Aug262009_01B2203
Our summary
Singer petitioner claimed extraordinary ability under EB-1A. Petitioner claimed awards, published materials, leading role, and commercial success criteria. AAO withdrew director's findings on awards and published materials for insufficient evidentiary support, found leading role and commercial success unmet, and concluded petitioner failed to demonstrate sustained national or international acclaim at the very top of her field.
Official PDF
Official PDF ↗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
- Awards · AWIT Award letter was unsubstantiated affidavit; primary evidence unavailable but not demonstrated
- Commercial success · Any concert success would accrue to headline act, not petitioner
- Leading or critical role · Performances postdated petition filing; Las Vegas role speculative; band lacks distinguished reputation
- Published material · Petitioner failed to provide information about publications where materials appeared
- Final merits · Evidence shows talent but insufficient sustained acclaim at top of field
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not met | AWIT Award letter was unsubstantiated affidavit; primary evidence unavailable but not demonstrated | |
| Not met | Any concert success would accrue to headline act, not petitioner | |
| Not met | Performances postdated petition filing; Las Vegas role speculative; band lacks distinguished reputation | |
| Not met | Petitioner failed to provide information about publications where materials appeared | |
| Claimed, not analyzed | Not claimed or discussed | |
| Claimed, not analyzed | Not claimed or discussed | |
| Claimed, not analyzed | Not claimed or discussed | |
| Claimed, not analyzed | Claimed but not analyzed | |
| Claimed, not analyzed | Not claimed or discussed | |
| Claimed, not analyzed | Not claimed or discussed | |
| Not met | Evidence shows talent but insufficient sustained acclaim at top of field |
A published decision describes one case. It is not legal advice and not a prediction for yours.
