Visalytics
Visalytics
dismissed EB-1A RFE Issued

Singer

Arts · Bangladesh · 2024-10-10

Decision Date
2024-10-10
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

2 of 3 criteria met
Participation as a judge of the work of others (Met)

The Petitioner provided a letter, certificate, and article confirming her participation as a judge in the Islami Song (Single) category at the Festival 2023, satisfying this criterion.

Original artistic displays or exhibitions (Met)

The Director determined the Petitioner fulfilled the artistic display criterion, and this finding was not overturned on appeal.

Lesser nationally or internationally recognized prizes or awards (Not Met)

The Petitioner's awards, including "Best Debut by Popular Choice" and an "Honorary Award," were not demonstrated to have garnered sufficient national or international recognition beyond the events where they were presented, lacking evidence of significance or widespread media coverage.

Membership in associations requiring outstanding achievements (Not Met)

The Petitioner's memberships in Bangladesh Shilpakala Academy, Bangladesh Television, and Bangladesh Betar did not demonstrate that admission required outstanding achievements as judged by recognized national or international experts, with the provided criteria not rising to the required level.

Published material about the alien in major media (Not Met)

The Petitioner's submitted articles often lacked identified authors or proper translation certifications. Furthermore, some articles were about events rather than the Petitioner herself, and the significance of one publication (Daily Naya Diganta) as major media was not established.

High salary or other significantly high remuneration (Not Met)

The Petitioner's claims of high remuneration were not supported by objective compensation data or a valid comparison to others in the field. The provided letters were subjective, and a post-filing article offered an insufficient sampling comparison.

Commercial successes in the performing arts (Not Met)

The Petitioner failed to provide evidence of the volume of sales or box office receipts for her performances. The submitted agreements and payment confirmations did not demonstrate commercial success relative to others in the performing arts, and post-filing promotional material was not considered.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the required three out of ten evidentiary criteria for extraordinary ability. Specifically, the awards presented were not shown to be nationally or internationally recognized. Memberships in associations did not require outstanding achievements judged by recognized experts. Published material lacked author identification and proper translation certification, and some articles were not about the Petitioner. Evidence for high salary and commercial successes was insufficient, lacking objective compensation data, valid comparative sampling, or volume of sales/box office receipts, and some evidence post-dated the petition filing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the Petitioner's memberships, high salary, and commercial successes. In response, the Petitioner submitted details on Bangladesh Television's enlistment process, an article about Bangladesh Betar, a 2024 article comparing her earnings, and promotional material for 2024 performances.

RFE Targets
Membership in associations requiring outstanding achievementsHigh salary or other significantly high remunerationCommercial successes in the performing arts

Evidence

Evidence Types
Awards
Media Coverage
Reference Letters Dependent
Professional Memberships
Judging Experience
High Salary
Commercial Success
Evidence Submitted
  • December 2010 certificate for \Best Debut by Popular Choice\ award
  • Letters of support regarding the 6th Music Awards
  • Articles from Banglanews24.com and The Daily Star regarding award nominations
  • Trophy for \Honorary Award - 2021 for Special Contribution to Music\
  • Letter of support from an organizer for the Honorary Award Committee
  • Letters from Bangladesh Shilpakala Academy, Bangladesh Television, and Bangladesh Betar identifying membership
  • Bangladesh Television's \Enlistment Process Criteria\
  • Article \Bangladesh Betar - The Story of Glory\
  • Information about Bangladesh Shilpakala Academy from the Ministry of Cultural Affairs
  • Multiple articles relating to her work as a singer (some lacking author/translation certification)
  • April 2023 articles in Ittefaq and Bangla Telegram mentioning Petitioner's appearance at a concert
  • April 2019 article about Petitioner in Daily Naya Diganta
  • Letter from an organizer of the Festival 2023 confirming judging role
  • Certificate and article in New Nation confirming participation as a song judge at 2023
  • October 2015 agreement with [redacted company]
  • June 2023 service agreement with [redacted company]
  • July 2021 service engagement with [redacted company]
  • July 2019 service agreement with [redacted company]
  • 2002-23 income tax forms
  • Letters from multiple individuals asserting she is \one of the highest-paid singers in Bangladesh\
  • 2024 article in Bangladesh Today comparing earnings (post-filing)
  • February 2019 agreement with [redacted company]
  • August 2017 agreement with [redacted company]
  • June 2022 agreement with [redacted company]
  • March 2018 agreement with [redacted company]
  • January 2023 payment confirmation letter from [redacted company]
  • March 2023 payment voucher from [redacted company]
  • Promotional material relating to 2024 performances (post-filing)

Similar Cases

Musician

Performing Arts · Bangladesh

USCIS EB-1A remanded
2024-08-13
The AAO determined the Director erred in evaluating the awards criterion, finding the 'Best Singer Award' received in 2021 in Bangladesh qualified as a nationally recognized award. The AAO also found the Director erred regarding the published material criterion, as the petitioner provided sufficient evidence, including circulation figures from the Government of Bangladesh and credible rankings, to establish that articles about her were published in major media in Bangladesh. With these two additional criteria met, the petitioner satisfied the initial evidence requirements of three criteria, necessitating a remand for a final merits determination.

Others

Entertainment

USCIS EB-1A rfe dismissed
2022-03-10
The motion to reconsider was dismissed because the Petitioner failed to identify specific legal or factual errors in the prior decision regarding the abandoned criteria. The Petitioner only met 2 of the 10 criteria (judging and display), falling short of the minimum requirement of 3.

Musician

Music · China

USCIS EB-1A rfe dismissed
California 2024-07-26
The Petitioner failed to meet any of the claimed criteria, including awards, memberships, and published material. Specifically, the Petitioner did not provide circulation data for media, evidence of outstanding achievement for memberships, or proof of national/international recognition for prizes. The AAO also noted that the Petitioner's council membership had lapsed and new evidence was submitted after the filing date.

Musician

Music

USCIS EB-1A dismissed
2024-08-08
The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that she is among the small percentage at the very top of her field. While the Director found three criteria met (published material, scholarly articles, and display of work), the awards presented were not established as nationally or internationally recognized, and scholarships were deemed academic training rather than qualifying awards. The Petitioner's appeal brief also failed to adequately address the specific shortcomings identified in the Director's final merits determination, leading to those issues being considered waived.

Frequently Asked Questions

A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

Browse More Cases

More dismissed cases More Performing Arts cases More cases from Bangladesh

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-10.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Related Pages

EB-1A Overview EB-1A in Bangladesh All EB-1A Cases EB-1A Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist