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EB-1ABusiness and managementIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL052024_01B2203

Leading or critical roleMetPublished materialMetHigh salaryNot metFinal meritsNot met

Our summary

Artist manager who is founder and CEO of an organization seeks EB-1A classification. He claimed to meet three evidentiary criteria. The AAO found he met published material and leading role criteria but not high salary. Because he did not meet the initial requirement of three criteria, final merits analysis showed he lacks sustained national or international acclaim required for extraordinary ability.

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Leading or critical role · Founder and CEO of distinguished organization; provided objective documentary evidence of distinguished reputation
  • Published material · Director found criterion satisfied; published material in professional media about petitioner's work

What was missing

  • High salary · Income from ownership interests not shown as remuneration for artist manager work; insufficient evidence differentiating salary sources
  • Final merits · Record does not demonstrate petitioner among small percentage at very top of field despite meeting two criteria

Criteria

CriterionReadingWhy
Leading or critical roleMetFounder and CEO of distinguished organization; provided objective documentary evidence of distinguished reputation
Published materialMetDirector found criterion satisfied; published material in professional media about petitioner's work
High salaryNot metIncome from ownership interests not shown as remuneration for artist manager work; insufficient evidence differentiating salary sources
Final meritsNot metRecord does not demonstrate petitioner among small percentage at very top of field despite meeting two criteria

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

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