EB-1AArts, design, architectureIndividualDecided September 2022Dismissed
Outcome: Dismissed
SEP142022_03B2203
ExhibitionsMetHigh salaryMetAwardsNot metLeading or critical roleNot metCommercial successClaimed, not analyzedJudgingClaimed, not analyzedMembershipClaimed, not analyzedOriginal contributionsClaimed, not analyzedPublished materialClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met
Our summary
A visual effects artist and animator sought EB-1A extraordinary ability classification after remand. The AAO affirmed that the petitioner satisfied only two of three required criteria (display and high salary). The record did not demonstrate the sustained national/international acclaim or position among the small percentage at the top of the field required 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 · Director concluded criterion satisfied; AAO affirmed on appeal
- High salary · Director concluded criterion satisfied; AAO affirmed on appeal
What was missing
- Awards · Finalist nomination did not result in receipt of award; Silver Award was given to marketing agency, not to petitioner personally
- Leading or critical role · Petitioner waived this issue on appeal by failing to argue it after adverse service center determination
- Final merits · Petitioner has had success with prominent clients but lacks sustained national/international acclaim and career of acclaimed work required
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Exhibitions | Met | Director concluded criterion satisfied; AAO affirmed on appeal |
 High salary | Met | Director concluded criterion satisfied; AAO affirmed on appeal |
 Awards | Not met | Finalist nomination did not result in receipt of award; Silver Award was given to marketing agency, not to petitioner personally |
 Leading or critical role | Not met | Petitioner waived this issue on appeal by failing to argue it after adverse service center determination |
 Commercial success | Claimed, not analyzed | Claimed but not analyzed in decision |
 Judging | 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 | Petitioner has had success with prominent clients but lacks sustained national/international acclaim and career of acclaimed work required |
A published decision describes one case. It is not legal advice and not a prediction for yours.