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EB-1AFilm, music, performing artsIndividualDecided 2019Dismissed

Outcome: Dismissed

JUN052019_01B2203

Leading or critical roleMetCommercial successNot metOriginal contributionsNot metFinal meritsNot met

Our summary

An A&R executive at a music label sought EB-1A extraordinary ability in the arts. The AAO found one criterion met: leading or critical role. Two claimed criteria—original contributions and commercial success—were rejected as lacking evidence of major significance and sales documentation respectively, failing the three-criterion 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

  • Leading or critical role · Director's finding that petitioner performed leading or critical role for music label with distinguished reputation supported.

What was missing

  • Commercial success · Record lacks required evidence of commercial success shown by box office receipts, record, or video sales demonstrating volume relative to peers in performing arts.
  • Original contributions · Guidance of musicians did not constitute original contributions of major significance; work on debut album lacks evidence of field-level significance.
  • Final merits · Even reviewing record in aggregate, does not support finding of sustained national or international acclaim or position among small percentage at field's top.

Criteria

CriterionReadingWhy
Leading or critical roleMetDirector's finding that petitioner performed leading or critical role for music label with distinguished reputation supported.
Commercial successNot metRecord lacks required evidence of commercial success shown by box office receipts, record, or video sales demonstrating volume relative to peers in performing arts.
Original contributionsNot metGuidance of musicians did not constitute original contributions of major significance; work on debut album lacks evidence of field-level significance.
Final meritsNot metEven reviewing record in aggregate, does not support finding of sustained national or international acclaim or position among small percentage at field's top.

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

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