dismissed EB-1A

Musician

Music · Brazil · 2024-12-23

Decision Date
2024-12-23
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 submitted evidence showing his musical performances were featured at various venues, which satisfied this criterion.

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

The Petitioner won the I I Award, but failed to provide sufficient evidence that the award itself garnered national or international recognition, as required by the criterion.

Membership in associations that require outstanding achievements (Not Met)

The Petitioner's memberships in ABRAMUS, OMB, and the Latin Recording Academy did not demonstrate that outstanding achievement is a prerequisite for membership, despite claims of 'rigorous criteria' or 'extraordinary abilities'.

Published material about the Petitioner (Not Met)

Submitted articles and media lacked required regulatory elements (title, date, author) or did not discuss the Petitioner's work. Viewership metrics and publication reputations were deemed insufficient without context or circulation statistics.

Original contributions of major significance (Not Met)

This criterion was claimed by the Petitioner but not addressed by USCIS, as even if met, the Petitioner would not satisfy the minimum three criteria requirement.

Authorship of scholarly articles (Not Met)

The Petitioner failed to provide evidence that he authored any scholarly articles, despite being a 'contributor' to a magazine. The publication itself was also not established as a professional or major trade journal/media.

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

Recommendation letters from product endorsers praised the Petitioner's talent and marketing work, but lacked specific, detailed information to establish that his role was truly leading or critical within those organizations.

Commercial success in performing arts as shown by box office receipts or record sales (Not Met)

Evidence of PayPal/Hotmart sales, MyEduzz course revenue, social media views, and charity fundraising lacked context for commercial success. Sales from courses were not considered music sales, and post-filing date evidence was inadmissible.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish meeting three out of ten EB-1A criteria. While the Petitioner met the 'exhibitions' criterion, evidence for 'awards' lacked proof of national/international recognition, 'memberships' did not require outstanding achievement, 'published material' lacked required elements (title, date, author) and context for major media, 'scholarly articles' lacked authorship proof, 'leading role' letters lacked specific details of critical contributions, and 'commercial success' evidence (PayPal, Hotmart, MyEduzz sales, social media views) lacked comparative context or was not directly from music sales, or was dated after the filing. The 'original contributions' criterion was not addressed as it would not change the outcome.

Evidence

Evidence Types
Awards
Professional Memberships
Media Coverage
Scholarly Articles
Exhibitions
Leading Role
Commercial Success
Reference Letters Dependent
Evidence Submitted
  • musical performances featured at various venues
  • I I Award
  • membership in ABRAMUS
  • membership in OMB
  • membership in Latin Recording Academy
  • 31 articles (lacking title, date, or author)
  • screenshots from Globo Television Channel
  • 7 articles from No Treble
  • 4 YouTube videos from Sesc Brasil
  • viewer metrics (No Treble sessions, semrush.com statistics)
  • transcribed musical composition and biography in I I magazine
  • recommendation letters from product endorsers
  • Paypal payments
  • Hotmart sales reports
  • MyEduzz revenue from courses
  • social media followers (Instagram)
  • streaming platform data (Spotify, YouTube views)
  • charity fundraising event performance

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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: 2024-12-23.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 8

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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