Outcome: Dismissed
MAR072005_03B2203
Our summary
A jewelry designer sought EB-1A extraordinary ability classification. The petitioner met the published material criterion through exhibitions. However, the AAO found only one criterion met when three are required and concluded evidence does not establish sustained national or international acclaim or placement in the very top of the field.
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
- Published material · Director concluded petitioner meets criterion for exhibiting jewelry work indicating national or international display.
What was missing
- Awards · Who's Who inclusion insufficient; director concluded evidence insufficient to meet awards criterion.
- Commercial success · Criterion requires performing artists; jewelry designer work in films and sales to prominent individuals insufficient.
- Exhibitions · Film appearances cannot serve to meet criterion; displaying work for sale is standard business practice.
- High salary · Absence of income evidence from jewelry design precludes analysis of remuneration criterion.
- Original contributions · Expert assertions of contributions without explanation of impact or examples not persuasive.
- Final merits · Petitioner shows talent as jewelry designer but achievements not set significantly above others in field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director concluded petitioner meets criterion for exhibiting jewelry work indicating national or international display. | |
| Not met | Who's Who inclusion insufficient; director concluded evidence insufficient to meet awards criterion. | |
| Not met | Criterion requires performing artists; jewelry designer work in films and sales to prominent individuals insufficient. | |
| Not met | Film appearances cannot serve to meet criterion; displaying work for sale is standard business practice. | |
| Not met | Absence of income evidence from jewelry design precludes analysis of remuneration criterion. | |
| Not met | Expert assertions of contributions without explanation of impact or examples not persuasive. | |
| Claimed, not analyzed | Not claimed or analyzed in decision. | |
| Claimed, not analyzed | Not claimed or analyzed in decision. | |
| Not met | Petitioner shows talent as jewelry designer but achievements not set significantly above others in field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
