EB-1AFilm, music, performing artsIndividualDecided December 2020Dismissed
Outcome: Dismissed
DEC282020_02B2203
AwardsNot metCommercial successNot metExhibitionsNot metMembershipNot metJudgingClaimed, not analyzedPublished materialClaimed, not analyzedFinal meritsNot met
Our summary
A percussionist who accompanies well-known artists sought extraordinary ability classification, claiming six criteria. The AAO held that awards, membership, exhibitions and commercial success were not satisfied, reserved two others, and so found fewer than three criteria. It added that the record showed no sustained acclaim.
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 · AAO disagreed with the service center's favorable finding; recognition of the claimed award as national or international was not shown.
- Commercial success · Session work on successful recordings did not show the petitioner himself achieved commercial success.
- Exhibitions · Appearing onstage as a supporting musician is not display of the petitioner's own work, nor comparable evidence.
- Membership · Endorsement deals are not association membership, and voting membership in the academy was not shown to require outstanding achievements.
- Final merits · Advisory review of the record as a whole showed no sustained acclaim or place at the very top.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Not met | AAO disagreed with the service center's favorable finding; recognition of the claimed award as national or international was not shown. |
 Commercial success | Not met | Session work on successful recordings did not show the petitioner himself achieved commercial success. |
 Exhibitions | Not met | Appearing onstage as a supporting musician is not display of the petitioner's own work, nor comparable evidence. |
 Membership | Not met | Endorsement deals are not association membership, and voting membership in the academy was not shown to require outstanding achievements. |
 Judging | Claimed, not analyzed | Claimed but not analyzed; the AAO reserved this issue because three criteria could not be met. |
 Published material | Claimed, not analyzed | Claimed but not analyzed; the AAO reserved this issue because three criteria could not be met. |
 Final merits | Not met | Advisory review of the record as a whole showed no sustained acclaim or place at the very top. |
A published decision describes one case. It is not legal advice and not a prediction for yours.