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O-1AFilm, music, performing artsEmployerDecided 2017Dismissed

Outcome: Dismissed

MAY102017_01D8101

AwardsNot metLeading or critical roleNot metPublished materialNot metHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A ballet company petitioned for O-1A classification for a principal dancer. The petitioner claimed the beneficiary met at least three of six regulatory criteria through awards, publications, and critical roles. The AAO held none were satisfied: awards were limited to student-age competitors, no major publications documented the beneficiary, and past roles were student performances rather than professional lead roles. Appeal dismissed.

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 · Awards limited to student dancers under 18; not shown to be significant compared to all dancers of all ages
  • Leading or critical role · Evidence shows student performances in showcases, not lead or starring roles with distinguished organizations
  • Published material · No critical reviews or published materials in major newspapers, trade journals, or magazines by or about beneficiary
  • Final merits · Failed to meet three of six evidentiary criteria; extraordinary ability not established

Criteria

CriterionReadingWhy
AwardsNot metAwards limited to student dancers under 18; not shown to be significant compared to all dancers of all ages
Leading or critical roleNot metEvidence shows student performances in showcases, not lead or starring roles with distinguished organizations
Published materialNot metNo critical reviews or published materials in major newspapers, trade journals, or magazines by or about beneficiary
High salaryClaimed, not analyzedClaimed but not analyzed
JudgingClaimed, not analyzedClaimed but not analyzed
MembershipClaimed, not analyzedClaimed but not analyzed
Original contributionsClaimed, not analyzedClaimed but not analyzed
Scholarly articlesClaimed, not analyzedClaimed but not analyzed
Final meritsNot metFailed to meet three of six evidentiary criteria; extraordinary ability not established

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

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