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dismissed EB-1A RFE Issued

Dancers And Choreographers

Dance · 2024-10-11

Decision Date
2024-10-11
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 met
Display of the Petitioner's work at artistic exhibitions (Met)

The Petitioner provided sufficient evidence, including certificates of honor for participation in group dances at competitions and published materials about a performance listing her as a cast member, to show display of her work at artistic exhibitions or showcases.

Recipient of lesser nationally or internationally recognized prizes or awards (Not Met)

The AAO reserved judgment on this criterion, stating it was unnecessary to determine given the Petitioner's failure to meet other criteria.

Membership in associations that require outstanding achievements (Not Met)

The Petitioner failed to provide sufficient evidence that her claimed memberships (Chinese Dancers Association, Guangdong Provincial Examination District Committee, [Redacted], China Institute of Ministry Nationality Dance) required outstanding achievements judged by experts, or even proof of her membership in some cases, often due to deficient translations.

Published material about the Petitioner (Not Met)

The Petitioner submitted articles featuring her, but failed to provide evidence (e.g., circulation statistics, comparative data) to establish that the publications or internet platforms qualified as professional, major trade publications, or other major media.

Participation as a judge of the work of others (Not Met)

Evidence for judging, including an invitation and photographs, was deemed insufficient due to lack of certified translations and questions regarding the authenticity of typewritten text on photographs.

Original contributions of major significance (Not Met)

The Petitioner did not provide corroborating evidence to establish that her contributions to the field of dance were both original and of major significance. Assertions about founding a dance style or institution lacked evidence, and recommendation letters did not specify original, significant contributions.

Performance in a leading or critical role for distinguished organizations or establishments (Not Met)

The Petitioner's claim of a leading/critical role as Secretary General of the [Redacted] was not supported by sufficient evidence, primarily due to deficient translations and lack of information about the duties of her role. Her role in an event did not satisfy the criterion for an organization or establishment.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that she met three of the ten criteria for extraordinary ability. While the AAO found the Petitioner met the 'display of work at artistic exhibitions' criterion, she did not provide sufficient evidence for membership in associations requiring outstanding achievements, published material about her in major media, participation as a judge, original contributions of major significance, or performance in a leading/critical role for distinguished organizations. Several claims were undermined by lack of certified translations or inconsistencies in evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further documentation regarding the Petitioner's membership in professional associations and her role as Secretary General of the [Redacted] association, specifically requiring evidence that the role was leading or critical. The Petitioner's response included resubmissions of documents that still lacked proper translations and sufficient detail to address the concerns.

RFE Targets
Membership in associations that require outstanding achievementsPerformance in a leading or critical role for distinguished organizations or establishments

Evidence

Evidence Types
Awards
Media Coverage
Professional Memberships
Judging Experience
Original Contributions
Reference Letters Dependent
Evidence Submitted
  • certificates of honor for participation in two group dances during dance competitions in 2011 and 2013
  • published materials about a 2018 performance, including photographs and a list of performers with the Petitioner's bio
  • membership certificate for the Chinese Dancers Association (deficient translation/proof)
  • membership certificate for the China Institute of Ministry Nationality Dance (deficient proof)
  • articles where Petitioner was featured or mentioned (lacked circulation data/proof of major media status)
  • document titled 'Proof of invitation' for a square dance competition (deficient translation)
  • photographs depicting Petitioner sitting at a table with a 'judge' card (deficient translation/authenticity)
  • recommendation letters from Ms. D (fellow dancer) regarding passion for Kazakh ethnic dance and collaboration in musical theater
  • recommendation letter from Petitioner's professor broadly stating potential contributions beyond stage
  • documents pertaining to the Petitioner's role as Secretary General of the [Redacted] (deficient translation/proof of duties)

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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: 2024-10-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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