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O-1AArts, design, architectureAgentDecided 2016Dismissed

Outcome: Dismissed

MAR222016_02D8101

AwardsNot metHigh salaryNot metLeading or critical roleNot metFinal meritsNot met

Our summary

An art studio/gallery petitioned for an artist beneficiary for O-1A classification. The AAO dismissed the appeal, finding the beneficiary was neither nominated for nor received a qualifying award, and satisfied fewer than three of the six required criteria, failing to demonstrate extraordinary ability in the arts.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Awards · Beneficiary nominated but did not win significant award; evidence not comparable to major international awards.
  • High salary · No evidence of substantial remuneration for artwork; petitioner went on record without supporting documentation.
  • Leading or critical role · Participation in 2010 fundraising art show not documented as lead or starring role; event reputation not established.
  • Final merits · Did not meet major award criterion and failed to satisfy three of six O-1A criteria.

Criteria

CriterionReadingWhy
AwardsNot metBeneficiary nominated but did not win significant award; evidence not comparable to major international awards.
High salaryNot metNo evidence of substantial remuneration for artwork; petitioner went on record without supporting documentation.
Leading or critical roleNot metParticipation in 2010 fundraising art show not documented as lead or starring role; event reputation not established.
Final meritsNot metDid not meet major award criterion and failed to satisfy three of six O-1A criteria.

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

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