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EB-1AArts, design, architectureIndividualDecided February 2021Dismissed

Outcome: Dismissed

FEB032021_03B2203

ExhibitionsMetJudgingMetScholarly articlesMetAwardsNot metCommercial successNot metOriginal contributionsNot metPublished materialNot metMembershipClaimed, not analyzedFinal meritsNot met

Our summary

Self-petitioner artist and former professor claiming extraordinary ability as painter. Met three evidentiary criteria: exhibitions, scholarly articles, and judging. AAO found the final merits step failed: evidence does not demonstrate sustained national or international acclaim or placement among the small percentage at the 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.

What the AAO accepted

  • Exhibitions · Director found petitioner met criterion for display of work at artistic exhibitions; AAO affirmed
  • Judging · Work as judge for design award met criterion requirements
  • Scholarly articles · Director found petitioner met criterion for authorship of scholarly articles; AAO affirmed

What was missing

  • Awards · Award shared by 30 artists; not top prize; venue not shown to be prestigious or internationally recognized
  • Commercial success · Evidence insufficient to show work successfully commercialized to demonstrate national or international acclaim
  • Original contributions · Reference letters describe work as innovative but no evidence others adopted or were inspired by petitioner's work
  • Published material · Evidence does not show publications had significant circulation or visibility in art field or general public
  • Final merits · Despite meeting three criteria, totality of evidence does not show sustained national or international acclaim or place among small percentage at top of field

Criteria

CriterionReadingWhy
ExhibitionsMetDirector found petitioner met criterion for display of work at artistic exhibitions; AAO affirmed
JudgingMetWork as judge for design award met criterion requirements
Scholarly articlesMetDirector found petitioner met criterion for authorship of scholarly articles; AAO affirmed
AwardsNot metAward shared by 30 artists; not top prize; venue not shown to be prestigious or internationally recognized
Commercial successNot metEvidence insufficient to show work successfully commercialized to demonstrate national or international acclaim
Original contributionsNot metReference letters describe work as innovative but no evidence others adopted or were inspired by petitioner's work
Published materialNot metEvidence does not show publications had significant circulation or visibility in art field or general public
MembershipClaimed, not analyzedClaimed but not analyzed in the decision
Final meritsNot metDespite meeting three criteria, totality of evidence does not show sustained national or international acclaim or place among small percentage at top of field

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

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