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EB-1AFilm, music, performing artsIndividualDecided November 2020Dismissed

Outcome: Dismissed

NOV242020_06B2203

ExhibitionsMetJudgingMetAwardsNot metLeading or critical roleNot metMembershipNot metScholarly articlesNot metFinal meritsNot met

Our summary

A filmmaker who mainly worked as a first assistant director sought extraordinary ability classification, claiming several evidentiary criteria. The AAO found only judging and exhibitions satisfied, rejecting the others, and dismissed the appeal because the record did not show sustained acclaim or standing among the small percentage at the very top.

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 · The Director's finding based on films shown at festivals was left undisturbed.
  • Judging · The AAO agreed with the Director that the judging evidence satisfied the criterion.

What was missing

  • Awards · The AAO disagreed with the Director's favorable finding and concluded the prizes evidence did not satisfy the criterion.
  • Leading or critical role · Film productions were not shown to be organizations or establishments, and the role was not shown critical for any.
  • Membership · Petitioner did not show the associations require outstanding achievements judged by recognized experts.
  • Scholarly articles · Workshop teaching was not shown to be comparable evidence, and the criterion was not shown inapplicable to the occupation.
  • Final merits · Record did not show sustained acclaim or placement among the small percentage at the very top of the field.

Criteria

CriterionReadingWhy
ExhibitionsMetThe Director's finding based on films shown at festivals was left undisturbed.
JudgingMetThe AAO agreed with the Director that the judging evidence satisfied the criterion.
AwardsNot metThe AAO disagreed with the Director's favorable finding and concluded the prizes evidence did not satisfy the criterion.
Leading or critical roleNot metFilm productions were not shown to be organizations or establishments, and the role was not shown critical for any.
MembershipNot metPetitioner did not show the associations require outstanding achievements judged by recognized experts.
Scholarly articlesNot metWorkshop teaching was not shown to be comparable evidence, and the criterion was not shown inapplicable to the occupation.
Final meritsNot metRecord did not show sustained acclaim or placement among the small percentage at the very top of the field.

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

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