EB-1AFilm, music, performing artsIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR292023_02B2203
ExhibitionsMetJudgingMetAwardsNot metLeading or critical roleNot metPublished materialNot metMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot met
Our summary
A bassoonist claiming EB-1A extraordinary ability satisfied two of ten evidentiary criteria: judging and artistic exhibitions. The AAO dismissed the appeal because the petitioner failed to demonstrate a third required criterion and lacked evidence of sustained national or international acclaim necessary for extraordinary ability classification.
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 · Musical performances at concerts and events constitute artistic exhibitions or showcases.
- Judging · Petitioner satisfied judging criterion through evidence of participation as judge.
What was missing
- Awards · No major internationally recognized award claimed or established.
- Leading or critical role · Insufficient evidence that petitioner performed leading or critical role for distinguished organization.
- Published material · Publications lacked national or international reach; only regional media coverage shown.
- Final merits · Record lacks sufficient evidence of sustained national or international acclaim or top-tier status in field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Exhibitions | Met | Musical performances at concerts and events constitute artistic exhibitions or showcases. |
 Judging | Met | Petitioner satisfied judging criterion through evidence of participation as judge. |
 Awards | Not met | No major internationally recognized award claimed or established. |
 Leading or critical role | Not met | Insufficient evidence that petitioner performed leading or critical role for distinguished organization. |
 Published material | Not met | Publications lacked national or international reach; only regional media coverage shown. |
 Membership | Claimed, not analyzed | Claimed but abandoned on appeal; not pursued further. |
 Original contributions | Claimed, not analyzed | Claimed initially but abandoned on appeal; not pursued further. |
 Final merits | Not met | Record lacks sufficient evidence of sustained national or international acclaim or top-tier status in field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.