EB-1AFilm, music, performing artsIndividualDecided 2019Dismissed
Outcome: Dismissed
FEB152019_03B2203
ExhibitionsMetJudgingMetPublished materialMetAwardsNot metCommercial successNot metMembershipNot metHigh salaryClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot met
Our summary
A Latin reggae musician sought EB-1A extraordinary ability classification. The AAO found he met three initial criteria: published material, judging, and performance displays. However, the final merits determination failed because the petitioner lacked sustained national or international acclaim after his band dissolved in 2012.
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 · Evidence of petitioner's performance before audiences at concerts and music events fulfilled display criterion.
- Judging · Director found petitioner met judging criterion; AAO agreed.
- Published material · Director found petitioner met published material criterion; AAO agreed.
What was missing
- Awards · Award received in 2017 was post-petition filing; 2011 award did not demonstrate national or international acclaim.
- Commercial success · While earlier band albums achieved commercial success, post-2012 solo work did not demonstrate sustained national or international acclaim.
- Membership · Association membership began in March 2018 after petition filed October 2016; significance not sufficiently documented.
- Final merits · Petitioner failed to establish sustained national or international acclaim; limited judging experience and no substantial acclaim after 2012 band dissolution.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Exhibitions | Met | Evidence of petitioner's performance before audiences at concerts and music events fulfilled display criterion. |
 Judging | Met | Director found petitioner met judging criterion; AAO agreed. |
 Published material | Met | Director found petitioner met published material criterion; AAO agreed. |
 Awards | Not met | Award received in 2017 was post-petition filing; 2011 award did not demonstrate national or international acclaim. |
 Commercial success | Not met | While earlier band albums achieved commercial success, post-2012 solo work did not demonstrate sustained national or international acclaim. |
 Membership | Not met | Association membership began in March 2018 after petition filed October 2016; significance not sufficiently documented. |
 High salary | Claimed, not analyzed | Claimed but not analyzed in the decision. |
 Original contributions | Claimed, not analyzed | Claimed on appeal for first time; criterion not analyzed in detail for sufficiency. |
 Final merits | Not met | Petitioner failed to establish sustained national or international acclaim; limited judging experience and no substantial acclaim after 2012 band dissolution. |
A published decision describes one case. It is not legal advice and not a prediction for yours.