EB-1AArts, design, architectureIndividualDecided July 2024Dismissed
Outcome: Dismissed
JUL292024_01B2203
AwardsMetExhibitionsMetLeading or critical roleNot metMembershipNot metPublished materialNot metFinal meritsNot met
Our summary
A musician and trumpet player sought EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria; AAO found two met (awards, exhibitions) and three not met (published material, membership, leading role). AAO concluded petitioner failed to demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.
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
- Awards · AAO withdrew Director's adverse determination; petitioner received nationally recognized award for excellence in field.
- Exhibitions · AAO agreed with Director that evidence of display of work at artistic exhibitions sufficiently fulfills criterion.
What was missing
- Leading or critical role · Petitioner failed to submit evidence satisfying all plain language requirements of criterion.
- Membership · Petitioner did not demonstrate that membership organization requires outstanding achievements judged by recognized experts.
- Published material · AAO withdrew Director's favorable determination; articles about broader topics merely mentioning petitioner do not satisfy criterion.
- Final merits · Record does not demonstrate petitioner has sustained national or international acclaim or risen to very top of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Met | AAO withdrew Director's adverse determination; petitioner received nationally recognized award for excellence in field. |
 Exhibitions | Met | AAO agreed with Director that evidence of display of work at artistic exhibitions sufficiently fulfills criterion. |
 Leading or critical role | Not met | Petitioner failed to submit evidence satisfying all plain language requirements of criterion. |
 Membership | Not met | Petitioner did not demonstrate that membership organization requires outstanding achievements judged by recognized experts. |
 Published material | Not met | AAO withdrew Director's favorable determination; articles about broader topics merely mentioning petitioner do not satisfy criterion. |
 Final merits | Not met | Record does not demonstrate petitioner has sustained national or international acclaim or risen to very top of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.