dismissed EB-1A RFE Issued

Dancer And Dance Instructor

Dancer And Dance Instructor · Ukraine · 2024-12-20

Decision Date
2024-12-20
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

0 of 3 criteria met
Recipient of lesser nationally or internationally recognized prizes or awards (Not Met)

The Petitioner's awards were deemed regional, local, or employer-based, and youth-level awards from Ukraine lacked sufficient evidence of national or international recognition. The national scope of competitions does not equate to national or international recognition of the awards themselves.

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

The evidence provided, a vague letter from an event organizer and an inconsistent website printout, lacked specific details (e.g., names of individuals judged, dates of judging) and corroborating evidence (e.g., candidate evaluation records), failing to meet the preponderance of evidence standard.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that they met the criteria for lesser nationally or internationally recognized awards (8 C.F.R. § 204.5(h)(3)(i)) and participation as a judge of the work of others (8 C.F.R. § 204.5(h)(3)(iv)). For awards, the evidence presented was deemed regional, local, or employer-based, lacking national or international recognition. For judging, the evidence consisted of a vague letter and an inconsistent website printout, failing to meet the preponderance of evidence standard. Even if the Petitioner had met the other two claimed criteria (published material and artistic exhibitions), they would still not have met the minimum three criteria required.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the Petitioner's awards. The Petitioner's response did not include additional evidence concerning youth-level awards from Ukraine and failed to establish the national or international recognition of other claimed awards.

RFE Targets
Recipient of lesser nationally or internationally recognized prizes or awards

Evidence

Evidence Types
Awards
Judging Experience
Media Coverage
Evidence Submitted
  • awards in the United States and Ukraine (local/regional/employer-based)
  • awards earned in Ukraine in youth or junior competitions (as an amateur)
  • participation in 'national scope' competitions (e.g., I the I I and the I )
  • support letters confirming participation and first place in the I I
  • letter from Mr. I I regarding judging at the I 2020 international dance competition
  • printout of the I 2020 competition's homepage

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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: 2024-12-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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