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EB-1AArts, design, architectureIndividualDecided May 2022Dismissed

Outcome: Dismissed

MAY122022_01B2203

ExhibitionsMetPublished materialMetHigh salaryNot metLeading or critical roleNot met

Our summary

Visual artist and illustrator claiming extraordinary ability. Met two of ten criteria but failed to meet three required. Leading role and high salary claims rejected due to lack of organization documentation and insufficient earnings evidence. Record showed skilled artist with recognition but not sustained acclaim at required level.

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 determined and AAO agreed Petitioner met artistic display criterion.
  • Published material · Director determined and AAO agreed Petitioner met published material criterion.

What was missing

  • High salary · Purchase orders and invoices insufficient to establish actual compensation or earnings; no proper comparison to field earnings possible.
  • Leading or critical role · Petitioner as individual artist does not qualify as organization or establishment; no independent evidence of distinguished reputation for her entity.

Criteria

CriterionReadingWhy
ExhibitionsMetDirector determined and AAO agreed Petitioner met artistic display criterion.
Published materialMetDirector determined and AAO agreed Petitioner met published material criterion.
High salaryNot metPurchase orders and invoices insufficient to establish actual compensation or earnings; no proper comparison to field earnings possible.
Leading or critical roleNot metPetitioner as individual artist does not qualify as organization or establishment; no independent evidence of distinguished reputation for her entity.

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

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