Outcome: Dismissed
NOV162023_01B2203
Our summary
A makeup artist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria on appeal but provided insufficient evidence for awards, judging, publications, salary, and membership; one criterion was abandoned. The AAO dismissed, finding petitioner did not satisfy three criteria or demonstrate extraordinary ability.
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 · Director found petitioner did not satisfy criterion for lesser nationally or internationally recognized prizes or awards.
- High salary · Accountant letter listing salary and comparative data insufficient to overcome evidentiary deficiencies identified by director.
- Judging · Petitioner worked as makeup teacher at academy; instructor role insufficient for judging criterion.
- Membership · Theater Union membership evidence insufficient; creative person qualifier and professional nature not adequately established.
- Published material · Petitioner failed to establish Aquarelle as trade publication or major medium with independent objective evidence.
- Final merits · Petitioner failed to meet at least three of ten criteria; does not demonstrate sustained national or international acclaim.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not met | Director found petitioner did not satisfy criterion for lesser nationally or internationally recognized prizes or awards. | |
| Not met | Accountant letter listing salary and comparative data insufficient to overcome evidentiary deficiencies identified by director. | |
| Not met | Petitioner worked as makeup teacher at academy; instructor role insufficient for judging criterion. | |
| Not met | Theater Union membership evidence insufficient; creative person qualifier and professional nature not adequately established. | |
| Not met | Petitioner failed to establish Aquarelle as trade publication or major medium with independent objective evidence. | |
| Claimed, not analyzed | Claimed in appellate brief but no evidence or arguments addressing director's determination; issue abandoned. | |
| Not met | Petitioner failed to meet at least three of ten criteria; does not demonstrate sustained national or international acclaim. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
