dismissed EB-1A RFE Issued

Dancer

Contemporary Dance · 2024-05-06

Decision Date
2024-05-06
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

6 of 3 criteria met
Awards (Met)

The Director concluded the Petitioner met the documentation of receipt of lesser nationally or internationally recognized prizes.

Memberships (Met)

The Petitioner established membership in associations requiring outstanding achievements.

Published Material (Met)

The record contained published material about the Petitioner in professional or major media.

Judging (Met)

The Petitioner participated as a judge of the work of others in the field.

Exhibitions (Met)

Evidence showed the display of the Petitioner's work at artistic exhibitions or showcases.

Leading Role (Met)

The Petitioner performed in a leading or critical role for organizations with a distinguished reputation.

Original Contributions (Not Met)

The Director initially suggested this was met in the NOID but did not include it in the final decision; the AAO did not address it separately.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish sustained acclaim, as there was no evidence of performances, awards, or media coverage for over eight years prior to filing. While she met the initial three-criteria threshold, the final merits determination found she was not among the small percentage at the top of the field due to her transition into studying Chinese medicine and the lack of recent professional achievements.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID questioning the Petitioner's sustained acclaim and intent to continue in the field given her studies in Chinese medicine since 2014.

RFE Targets
Original Contributions

Evidence

Evidence Types
Awards
Professional Memberships
Media Coverage
Judging Experience
Exhibitions
Leading Role
Reference Letters Dependent
Evidence Submitted
  • Receipt of lesser nationally or internationally recognized prizes or awards
  • Membership in associations requiring outstanding achievements
  • Published material about the alien in professional or major trade publications
  • Participation as a judge of the work of others
  • Display of work at artistic exhibitions or showcases
  • Performance in a leading or critical role for organizations with a distinguished reputation

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 6 / 3
Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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