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EB-1AArts, design, architectureIndividualDecided March 2020Dismissed

Outcome: Dismissed

MAR172020_01B2203

High salaryMetJudgingMetAwardsNot metMembershipNot metPublished materialNot metCommercial successClaimed, not analyzedExhibitionsClaimed, not analyzedLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A 3D artist and animator in the Philippines sought extraordinary ability classification. He claimed all ten criteria but met only two (judging and high salary). The AAO dismissed the appeal, finding insufficient evidence of the sustained national or international acclaim and career of acclaimed work required for extraordinary ability.

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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

  • High salary · Director found petitioner met high salary criterion; AAO agreed
  • Judging · Asked to judge thesis evaluations for animation department graduating class

What was missing

  • Awards · No major internationally recognized award; company award not shown to be recognized outside employer
  • Membership · 3D Mentors Group membership not shown to require outstanding achievements judged by recognized experts
  • Published material · Music video directed does not constitute published material about petitioner relating to his work
  • Final merits · Insufficient evidence of sustained national or international acclaim at top of field

Criteria

CriterionReadingWhy
High salaryMetDirector found petitioner met high salary criterion; AAO agreed
JudgingMetAsked to judge thesis evaluations for animation department graduating class
AwardsNot metNo major internationally recognized award; company award not shown to be recognized outside employer
MembershipNot met3D Mentors Group membership not shown to require outstanding achievements judged by recognized experts
Published materialNot metMusic video directed does not constitute published material about petitioner relating to his work
Commercial successClaimed, not analyzedClaimed but not analyzed
ExhibitionsClaimed, not analyzedClaimed but not analyzed
Leading or critical roleClaimed, not analyzedClaimed but not analyzed
Original contributionsClaimed, not analyzedClaimed but not analyzed
Scholarly articlesClaimed, not analyzedClaimed but not analyzed
Final meritsNot metInsufficient evidence of sustained national or international acclaim at top of field

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

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