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dismissed EB-1A RFE Issued

Dancer And Choreographer

Dance And Choreography · Belarus · 2025-01-31

Decision Date
2025-01-31
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
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (Met)

The Director and AAO agreed that the Petitioner met this criterion by demonstrating receipt of lesser nationally or internationally recognized prizes or awards.

Participating as a judge of the work of others in the field (Met)

The Director and AAO agreed that the Petitioner met this criterion by demonstrating participation as a judge of the work of others in the field.

Membership in associations that require outstanding achievements (Not Met)

The Petitioner's membership in the Belarusian Dance Sports Alliance (BDSA) was not shown to require outstanding achievements as a condition, nor were achievements judged by national or international experts. Counsel's assertions about selectivity were unsubstantiated.

Published materials in major trade or professional publications or other major media (Not Met)

The YouTube videos submitted were not established as professional or major trade publications or major media. The Petitioner failed to provide evidence of the channels' professional status, audience, or significance of subscriber/view counts, and was not credited in three of the six videos.

Original contributions of major significance (Not Met)

The recommendation letters, primarily from coaches and students, described the Petitioner as a talented dancer and coach but did not sufficiently detail her dance or coaching methods as unique contributions or demonstrate their major significance to the field as a whole.

Performing in leading or critical roles for organizations or establishments with a distinguished reputation (Not Met)

The Petitioner did not provide sufficient evidence to establish her role as a 'leading coach' or the distinguished reputation of the organizations she worked with. Advertising posters featuring her picture lacked context to prove a leading or critical role or the distinguished reputation of the competition or dance shop.

Commanding a high salary, or other significantly high remuneration for services (Not Met)

The Petitioner's salary of 900 euros/month as a cruise ship entertainer was not adequately compared to others in the field. The provided salary data for dancers in Belarus from ERi and Paylab.com was not contemporaneous with her earnings and did not relate to the geographic area where her work was performed, precluding a valid comparison.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements by not satisfying at least three of the ten regulatory criteria. Specifically, the Petitioner only met two criteria: receipt of lesser nationally or internationally recognized prizes or awards (i) and participating as a judge of the work of others (iv). The AAO found that the Petitioner did not provide sufficient evidence for membership in associations (ii), published materials about her (iii), original contributions of major significance (v), performing in leading or critical roles (viii), or commanding a high salary (ix). The evidence for published material (YouTube videos) lacked proof of major media status, and salary data was not comparable or contemporaneous.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE notified the Petitioner that the initial evidence was insufficient to establish that she met any of the claimed criteria. In response, the Petitioner submitted additional evidence, asserting she met seven criteria, but the Director and AAO found it insufficient to meet the required three criteria.

RFE Targets
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavorMembership in associations that require outstanding achievementsPublished materials in major trade or professional publications or other major mediaParticipating as a judge of the work of others in the fieldOriginal contributions of major significancePerforming in leading or critical roles for organizations or establishments with a distinguished reputationCommanding a high salary, or other significantly high remuneration for servicescommercial success

Evidence

Evidence Types
Awards
Media Coverage
Reference Letters Dependent
Judging Experience
Original Contributions
High Salary
Commercial Success
Professional Memberships
Evidence Submitted
  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in associations that require outstanding achievements
  • Published materials in major trade or professional publications or other major media
  • Participating as a judge of the work of others in the field
  • Original contributions of major significance
  • Performing in leading or critical roles for organizations or establishments with a distinguished reputation
  • Commanding a high salary, or other significantly high remuneration for services
  • Commercial successes in the performing arts, as shown by box office receipts or sales
  • Six screenshots of and links to videos posted to YouTube of the Petitioner's performances
  • Transcript of one YouTube video interview with Petitioner
  • Letters of recommendation and support from coaches, students, and other dance professionals
  • Employment agreement with [Company Name] for dancer aboard a cruise ship (900 euros/month)
  • Salary information from Economic Research Institute (ERi) for dancer in Belarus (15,039 BYN/year)
  • Salary data from Paylab.com for dancer in Belarus (678 BYN to 1,776 BYN range)
  • Bank statements reflecting payment from [Company Name] (900 euros/month from Oct 2017 to Apr 2018)
  • Advertising posters for a dance competition in Belarus and a dance shop featuring Petitioner's picture
  • Excerpt from Belarusian Dance Sports Alliance (BDSA) \Article of Association\
  • Petitioner's dance card

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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: 2025-01-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 8

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 Belarus All EB-1A Cases EB-1A Dashboard

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