remanded EB-1A RFE Issued

Dancer

Dance · China · 2024-09-13

Decision Date
2024-09-13
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

3 of 3 criteria met
Lesser nationally or internationally recognized prizes or awards (Met)

The Petitioner received a second prize at a 2011 Chinese government-sponsored dance competition, which was deemed nationally recognized based on online articles and expert testimony describing it as the 'national highest dance competition' with broad participation.

Display of work at artistic exhibitions or showcases (Met)

The Director concluded that the Petitioner met this criterion, and the AAO affirmed this finding.

Participation as a judge of others' work (Met)

The Petitioner provided an invitation to judge a world dance competition and submitted review notes from the event, demonstrating her actual participation as a judge.

Why This Petition Was Remanded

The AAO found the Director erred by narrowly defining the Petitioner's field as 'performance dancing' instead of the broader field of 'dance,' which includes choreography and instruction. The AAO also determined the Director improperly disregarded the Petitioner's English statement of intent and later evidence of establishing a dance studio, as these activities align with the broader field of dance. The Petitioner satisfied the 'awards' criterion with a nationally recognized second prize from a 2011 Chinese government-sponsored dance competition and the 'judging' criterion by providing review notes from a world dance competition where she served as a judge.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested additional evidence, leading the Petitioner to submit a business plan and evidence of forming a U.S. corporation for a dance studio. The Director initially refused to consider this, but the AAO found it consistent with the Petitioner's broader field of dance.

Evidence

Evidence Types
Awards
Judging Experience
Exhibitions
Evidence Submitted
  • Display of work at artistic exhibitions or showcases
  • Receipt of a nationally recognized award (second prize at 2011 Chinese government dance competition)
  • Participation as a judge of others' work (world dance competition, April 2023)

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Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-13.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 3 / 3
Evidence Types 3

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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