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EB-1AArts, design, architectureIndividualDecided 2017Dismissed

Outcome: Dismissed

DEC192017_03B2203

JudgingMetExhibitionsNot metLeading or critical roleNot metMembershipNot metOriginal contributionsNot metScholarly articlesNot metFinal meritsNot met

Our summary

A curator and historian of art sought EB-1A classification. The petitioner claimed six criteria but met only one (judging). The AAO dismissed the appeal because the petitioner failed to establish at least three initial criteria required for extraordinary ability.

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

  • Judging · Beneficiary evaluated exhibitions and selected artists to mentor and exhibit.

What was missing

  • Exhibitions · Record lacks sufficient details about gallery and attributable artistic work.
  • Leading or critical role · Future expectation of role does not establish past critical role performance.
  • Membership · Petitioner did not establish membership in qualifying associations in the field.
  • Original contributions · Certificate and artwork donations do not demonstrate major significance in field.
  • Scholarly articles · No evidence of authorship of scholarly articles in professional publications.
  • Final merits · Failed to satisfy three criteria; final merits analysis not required.

Criteria

CriterionReadingWhy
JudgingMetBeneficiary evaluated exhibitions and selected artists to mentor and exhibit.
ExhibitionsNot metRecord lacks sufficient details about gallery and attributable artistic work.
Leading or critical roleNot metFuture expectation of role does not establish past critical role performance.
MembershipNot metPetitioner did not establish membership in qualifying associations in the field.
Original contributionsNot metCertificate and artwork donations do not demonstrate major significance in field.
Scholarly articlesNot metNo evidence of authorship of scholarly articles in professional publications.
Final meritsNot metFailed to satisfy three criteria; final merits analysis not required.

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

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