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EB-1AFilm, music, performing artsIndividualDecided 2013Dismissed

Outcome: Dismissed

JAN112013_01B2203

High salaryMetAwardsNot metPublished materialNot metExhibitionsClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

An entertainer petitioner claimed extraordinary ability through awards, published material, and other criteria. The AAO found only high salary criterion met. Because at least three criteria must be satisfied, and only one was established, the petition failed to meet basic eligibility requirements. Appeal dismissed.

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

  • High salary · Petitioner submitted qualifying evidence under high salary criterion per regulatory requirements.

What was missing

  • Awards · Director's conclusion that petitioner's single award not qualifying evidence not contested; plural award requirement not met.
  • Published material · Evidence lacks required details; photographs without author identification and articles missing dates; material not in major media plural.
  • Final merits · Only one of three required regulatory criteria met; insufficient to establish sustained acclaim and extraordinary ability.

Criteria

CriterionReadingWhy
High salaryMetPetitioner submitted qualifying evidence under high salary criterion per regulatory requirements.
AwardsNot metDirector's conclusion that petitioner's single award not qualifying evidence not contested; plural award requirement not met.
Published materialNot metEvidence lacks required details; photographs without author identification and articles missing dates; material not in major media plural.
ExhibitionsClaimed, not analyzedClaimed but not analyzed in decision.
Original contributionsClaimed, not analyzedClaimed but not analyzed in decision.
Scholarly articlesClaimed, not analyzedClaimed but not analyzed in decision.
Final meritsNot metOnly one of three required regulatory criteria met; insufficient to establish sustained acclaim and extraordinary ability.

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

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