dismissed EB-1A
Choreographer
Arts · 2024-09-10
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
1 of 3 criteria metDocumentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (Met)
The Director determined that the Petitioner met the elements of the criterion at 8 C.F.R. § 204.5(h)(3)(i).
Membership in associations in the field which require outstanding achievements of their members, as judged by national or international experts in their fields (Not Met)
The Petitioner claimed membership in the Actors' Equity Association (AEA), but failed to provide sufficient evidence that AEA membership requires outstanding achievements judged by national or international experts. The submitted 'AEA Membership Information and Procedures' document did not indicate such a requirement, instead listing employment under contract, prior sibling union membership, or 'Open Access' program as conditions.
Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought (Not Met)
The Petitioner asserted she met this criterion, but the AAO reserved judgment on this claim, stating that even if met, it would not change the outcome as the Petitioner still would not satisfy the minimum three criteria due to the failure to meet the membership criterion.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to demonstrate she met the criterion for membership in professional associations (8 C.F.R. § 204.5(h)(3)(ii)). Evidence for membership in the Actors' Equity Association (AEA) did not show that outstanding achievements, judged by national or international experts, were a condition for membership. The Director had found only one criterion met (8 C.F.R. § 204.5(h)(3)(i)), and without meeting the second, the Petitioner could not satisfy the minimum three criteria required for extraordinary ability. The AAO did not make a final merits determination on other claimed criteria.
Evidence
Evidence Types
Professional Memberships
Published Material
Awards
Evidence Submitted
- membership in the Actors' Equity Association (AEA)
- published material about the petitioner in professional or major trade publications or major media
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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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-10.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
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