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EB-1AArts, design, architectureIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV162023_01B2203

AwardsNot metHigh salaryNot metJudgingNot metMembershipNot metPublished materialNot metOriginal contributionsClaimed, not analyzedFinal meritsNot met

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

CriterionReadingWhy
AwardsNot metDirector found petitioner did not satisfy criterion for lesser nationally or internationally recognized prizes or awards.
High salaryNot metAccountant letter listing salary and comparative data insufficient to overcome evidentiary deficiencies identified by director.
JudgingNot metPetitioner worked as makeup teacher at academy; instructor role insufficient for judging criterion.
MembershipNot metTheater Union membership evidence insufficient; creative person qualifier and professional nature not adequately established.
Published materialNot metPetitioner failed to establish Aquarelle as trade publication or major medium with independent objective evidence.
Original contributionsClaimed, not analyzedClaimed in appellate brief but no evidence or arguments addressing director's determination; issue abandoned.
Final meritsNot metPetitioner 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.

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