EB-1AFilm, music, performing artsIndividualDecided September 2021Dismissed
Outcome: Dismissed
SEP022021_03B2203
ExhibitionsMetAwardsNot metCommercial successClaimed, not analyzedHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met
Our summary
Director of photography sought EB-1A extraordinary ability classification. Petitioner worked on award-winning films screened at festivals and held O-1 nonimmigrant status. AAO found criterion regarding artistic exhibitions satisfied but rejected claims regarding awards as petitioner lacked personal receipt of nationally recognized prizes, and found overall evidence insufficient for extraordinary ability.
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 · Films screened at multiple film festivals satisfy artistic exhibitions and showcases criterion.
What was missing
- Awards · Work on award-winning films insufficient; petitioner must show personal receipt of nationally or internationally recognized prizes.
- Final merits · Evidence does not demonstrate sustained national or international acclaim or place among small percentage at top of field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Exhibitions | Met | Films screened at multiple film festivals satisfy artistic exhibitions and showcases criterion. |
 Awards | Not met | Work on award-winning films insufficient; petitioner must show personal receipt of nationally or internationally recognized prizes. |
 Commercial success | Claimed, not analyzed | Claimed but not analyzed in decision. |
 High salary | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Judging | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Leading or critical role | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Membership | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Original contributions | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Published material | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Scholarly articles | Claimed, not analyzed | Claimed but not analyzed in decision. |
 Final merits | Not met | Evidence does not demonstrate sustained national or international acclaim or place among small percentage at top of field. |
A published decision describes one case. It is not legal advice and not a prediction for yours.