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EB-1AFilm, music, performing artsIndividualDecided December 2020Dismissed

Outcome: Dismissed

DEC182020_01B2203

Scholarly articlesMetAwardsNot metMembershipNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met

Our summary

A television and movie producer in China claimed extraordinary ability, satisfying only scholarly articles of ten criteria. The AAO affirmed that five additional claimed criteria were not met or lacked sufficient evidence, and concluded no extraordinary ability was shown, dismissing the appeal.

Official PDF

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

What the AAO accepted

  • Scholarly articles · Service center and AAO agree this criterion satisfied

What was missing

  • Awards · Television series awards not shown to be personally received by petitioner as producer
  • Membership · Committee position and association membership do not require outstanding achievements judged by recognized experts
  • Final merits · Record does not show petitioner among upper echelon in television and film industry

Criteria

CriterionReadingWhy
Scholarly articlesMetService center and AAO agree this criterion satisfied
AwardsNot metTelevision series awards not shown to be personally received by petitioner as producer
MembershipNot metCommittee position and association membership do not require outstanding achievements judged by recognized experts
Commercial successClaimed, not analyzedClaimed but decision does not analyze this criterion
ExhibitionsClaimed, not analyzedClaimed but decision does not analyze this criterion
High salaryClaimed, not analyzedClaimed but decision does not analyze this criterion
JudgingClaimed, not analyzedClaimed but decision does not analyze this criterion
Leading or critical roleClaimed, not analyzedClaimed but decision does not analyze this criterion
Original contributionsClaimed, not analyzedClaimed but decision does not analyze this criterion
Published materialClaimed, not analyzedClaimed but decision does not analyze this criterion
Final meritsNot metRecord does not show petitioner among upper echelon in television and film industry

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

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