remanded EB-1A

Dance Professional

Dancesport · 2024-08-16

Decision Date
2024-08-16
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
Published material about the alien in professional or major trade publications or other major media (Met)

The petitioner provided copies of several articles, published digitally or in print by media in the petitioner's country of origin, specifically 'The Star [S-]', which discussed or mentioned the petitioner and his work. The AAO determined that S-qualified as a major media outlet in the petitioner's home country based on various rankings.

Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of endeavor for which classification is sought (Met)

The Director determined that the Petitioner met this criterion by providing evidence of his participation as a judge of the work of others in his field of expertise.

Evidence of the display of the alien's work in the field at artistic exhibitions or showcases (Met)

The Director determined that the Petitioner met this criterion through the artistic display of his dancesport.

Why This Petition Was Remanded

The Director initially denied the petition because the petitioner did not demonstrate a major, internationally recognized award and only met two of the ten evidentiary criteria (judging and artistic display). The AAO, upon de novo review, determined that the Director erred in evaluating the 'published material' criterion, finding that the petitioner did meet it based on articles in 'The Star [S-]', which was deemed a major media outlet in the petitioner's home country. With three criteria met (published material, judging, artistic display), the case was remanded for a final merits determination.

Evidence

Evidence Types
Published Material
Judging Experience
Exhibitions
Evidence Submitted
  • participation as a judge of the work of others in his field of expertise
  • artistic display of his dancesport
  • published material about the alien in professional or major trade publications or other major media (articles in The Star [S-])

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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: 2024-08-16.

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At a Glance

Outcome remanded
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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