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EB-1AArts, design, architectureIndividualDecided June 2024Dismissed

Outcome: Dismissed

JUN172024_02B2203

JudgingMetAwardsNot metLeading or critical roleNot metPublished materialNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A dance instructor seeking EB-1A extraordinary ability classification claimed four criteria. The Director found only judging satisfied. On appeal, the petitioner could not establish three of ten required criteria. The AAO dismissed, holding that the record lacks evidence of sustained national or international acclaim and does not demonstrate membership in the top small percentage of the field.

Official PDF

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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

  • Judging · Director found criterion satisfied; AAO did not disturb this finding

What was missing

  • Awards · No major internationally recognized award established
  • Leading or critical role · Director found criterion not satisfied; insufficient evidence of distinguished organizations
  • Published material · Submitted articles lack required publication standards and reliability
  • Final merits · Did not meet three-criteria threshold; final merits analysis not required

Criteria

CriterionReadingWhy
JudgingMetDirector found criterion satisfied; AAO did not disturb this finding
AwardsNot metNo major internationally recognized award established
Leading or critical roleNot metDirector found criterion not satisfied; insufficient evidence of distinguished organizations
Published materialNot metSubmitted articles lack required publication standards and reliability
Commercial successClaimed, not analyzedClaimed but not analyzed
ExhibitionsClaimed, not analyzedClaimed but not analyzed
High salaryClaimed, not analyzedClaimed but not analyzed
MembershipClaimed, not analyzedClaimed but not analyzed
Original contributionsClaimed, not analyzedClaimed but not analyzed
Scholarly articlesClaimed, not analyzedClaimed but not analyzed
Final meritsNot metDid not meet three-criteria threshold; final merits analysis not required

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

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