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dismissed EB-1A RFE Issued

Singer

Music · China · 2024-07-26

Decision Date
2024-07-26
Location
California
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
Lesser nationally or internationally recognized prizes or awards (Not Met)

The Petitioner submitted evidence of prizes but failed to establish their national or international recognition in the field.

Membership in associations requiring outstanding achievements (Not Met)

The Petitioner did not show that the associations required outstanding achievements as judged by national or international experts.

Published material in major media (Not Met)

The Petitioner failed to provide circulation data to prove the media outlets qualified as major media and some evidence post-dated the filing.

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

The AAO reserved a detailed discussion on this criterion as the Petitioner failed to meet the minimum of three criteria regardless.

Original contributions of major significance (Not Met)

The Petitioner did not contest the Director's negative conclusion on this criterion on appeal, thus waiving the issue.

Why This Petition Was Denied

The Petitioner failed to meet any of the claimed criteria, including awards, memberships, and published material. Specifically, the Petitioner did not provide circulation data for media, evidence of outstanding achievement for memberships, or proof of national/international recognition for prizes. The AAO also noted that the Petitioner's council membership had lapsed and new evidence was submitted after the filing date.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the national/international significance of awards, circulation data for media, and membership requirements for associations. The Petitioner provided some additional articles and a new membership certificate but lacked the specific requested metrics.

RFE Targets
Lesser nationally or internationally recognized prizes or awardsMembership in associations requiring outstanding achievementsPublished material in major media

Evidence

Evidence Types
Awards
Media Coverage
Professional Memberships
Judging Experience
Original Contributions
Evidence Submitted
  • Photographs of performances and publicity events
  • Web addresses for articles and uncertified translations
  • Certificates of prizes and awards (some in Chinese)
  • Standing council member of the Music and Literature Association (2016-2021)
  • Spotify artist page with 224 monthly listeners
  • Interviews in Shoutout LA and CanvasRebel (post-filing)

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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: 2024-07-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Related Pages

EB-1A Overview EB-1A in China All EB-1A Cases EB-1A Dashboard

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