EB-1AFilm, music, performing artsIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR282024_03B2203
ExhibitionsMetCommercial successNot metHigh salaryNot metJudgingNot metLeading or critical roleNot metMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met
Our summary
Video editor sought EB-1A extraordinary ability classification. AAO dismissed because petitioner met only one criterion (exhibitions); two withdrawn on review (judging, high salary lack proper evidence). Failed to meet three-criterion threshold and demonstrated no sustained national or international acclaim required for extraordinary ability.
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
- Exhibitions · Director found petitioner satisfied display criterion; not withdrawn
What was missing
- Commercial success · Petitioner did not contest Director's unfavorable finding on appeal; deemed waived
- High salary · No evidence of earnings prior to petition filing; income after filing not relevant
- Judging · No evidence of actual participation in judging; documents show interest to judge, not completed judging
- Leading or critical role · Petitioner did not contest Director's unfavorable finding on appeal; deemed waived
- Final merits · Petitioner failed to meet three required criteria; no sustained national or international acclaim demonstrated
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Exhibitions | Met | Director found petitioner satisfied display criterion; not withdrawn |
 Commercial success | Not met | Petitioner did not contest Director's unfavorable finding on appeal; deemed waived |
 High salary | Not met | No evidence of earnings prior to petition filing; income after filing not relevant |
 Judging | Not met | No evidence of actual participation in judging; documents show interest to judge, not completed judging |
 Leading or critical role | Not met | Petitioner did not contest Director's unfavorable finding on appeal; deemed waived |
 Membership | Claimed, not analyzed | Criterion not claimed or analyzed |
 Original contributions | Claimed, not analyzed | Criterion not claimed or analyzed |
 Published material | Claimed, not analyzed | Criterion not claimed or analyzed |
 Scholarly articles | Claimed, not analyzed | Criterion not claimed or analyzed |
 Final merits | Not met | Petitioner failed to meet three required criteria; no sustained national or international acclaim demonstrated |
A published decision describes one case. It is not legal advice and not a prediction for yours.