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EB-1AArts, design, architectureIndividualDecided 2009Dismissed

Outcome: Dismissed

Mar062009_01B2203

MembershipNot metOriginal contributionsNot metPublished materialNot metFinal meritsNot met

Our summary

A musician and drummer sought EB-1A extraordinary ability classification. Claimed ASCAP membership, published materials, and original contributions to music field. AAO held membership criterion not met because ASCAP does not require outstanding achievement; other criteria unsupported by evidence; and overall evidence insufficient to show sustained top-level acclaim necessary for classification.

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

  • Membership · ASCAP membership does not require outstanding achievement as essential condition
  • Original contributions · No original drumming methodology or technique adopted by others demonstrated
  • Published material · No evidence of published materials primarily about petitioner in major publications
  • Final merits · Evidence shows talent and success but not sustained national or international acclaim at very top

Criteria

CriterionReadingWhy
MembershipNot metASCAP membership does not require outstanding achievement as essential condition
Original contributionsNot metNo original drumming methodology or technique adopted by others demonstrated
Published materialNot metNo evidence of published materials primarily about petitioner in major publications
Final meritsNot metEvidence shows talent and success but not sustained national or international acclaim at very top

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

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