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EB-1AArts, design, architectureIndividualDecided 2018Dismissed

Outcome: Dismissed

JUN052018_01B2203

ExhibitionsMetAwardsNot metPublished materialNot metLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot reached / not discussed

Our summary

Contemporary artist self-petitioner sought extraordinary ability classification. AAO confirmed only one criterion met (artistic display) but needed three. Awards claim failed as award lacked national/international recognition for excellence. Published material insufficient. Final merits not reached due to failure at initial evidence threshold.

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 satisfied artistic display criterion under 8 C.F.R. § 204.5(h)(3)(vii)

What was missing

  • Awards · Award documentation showed only one artist selected annually; petitioner did not demonstrate nationally or internationally recognized excellence award
  • Published material · Articles about petitioner did not qualify as professional or major trade publications or major media

Criteria

CriterionReadingWhy
ExhibitionsMetDirector found petitioner satisfied artistic display criterion under 8 C.F.R. § 204.5(h)(3)(vii)
AwardsNot metAward documentation showed only one artist selected annually; petitioner did not demonstrate nationally or internationally recognized excellence award
Published materialNot metArticles about petitioner did not qualify as professional or major trade publications or major media
Leading or critical roleClaimed, not analyzedCriterion claimed on appeal but AAO found petitioner did not show critical role performance
Original contributionsClaimed, not analyzedCriterion claimed but AAO subsumed analysis under artistic display; no separate detailed analysis of major significance
Final meritsNot reached / not discussedPetition failed at initial evidence threshold; final merits not reached as petitioner met fewer than three criteria

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

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