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EB-1AArts, design, architectureIndividualDecided 2005Dismissed

Outcome: Dismissed

DEC212005_02B2203

AwardsNot metCommercial successNot metExhibitionsNot metJudgingNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

Oil painter from China sought EB-1A extraordinary ability classification based on exhibition awards, publication, judging role, and sales. AAO dismissed appeal, finding awards and exhibitions lacked sustained national acclaim, documentation was deficient, and evidence did not show sustained recognition at the very top of the 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 · Awards from 1994 and 1998 do not demonstrate sustained acclaim when petition filed years later
  • Commercial success · No evidence of prices comparable to top oil painters in China or United States
  • Exhibitions · Work exhibition is routine in occupation; no sustained acclaim demonstrated beyond early national exhibitions
  • Judging · Limited judging role at provincial level does not reflect sustained national or international acclaim
  • Original contributions · No evidence book was critically acclaimed or influenced artists and scholars in the field
  • Published material · Book inclusion and newspaper report lack proper documentation and do not establish national acclaim
  • Final merits · Evidence does not demonstrate sustained national or international acclaim placing petitioner at field top

Criteria

CriterionReadingWhy
AwardsNot metAwards from 1994 and 1998 do not demonstrate sustained acclaim when petition filed years later
Commercial successNot metNo evidence of prices comparable to top oil painters in China or United States
ExhibitionsNot metWork exhibition is routine in occupation; no sustained acclaim demonstrated beyond early national exhibitions
JudgingNot metLimited judging role at provincial level does not reflect sustained national or international acclaim
Original contributionsNot metNo evidence book was critically acclaimed or influenced artists and scholars in the field
Published materialNot metBook inclusion and newspaper report lack proper documentation and do not establish national acclaim
Final meritsNot metEvidence does not demonstrate sustained national or international acclaim placing petitioner at field top

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

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