dismissed EB-1A

Artist Manager

Music Industry · 2024-07-05

Decision Date
2024-07-05
Location
California and Florida
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

2 of 3 criteria met
Published Material (Met)

The Director determined the Petitioner satisfied this criterion by submitting material about him in professional or major trade publications.

Leading or Critical Role (Met)

The Petitioner performed a leading role as Founder and CEO of a company with a distinguished reputation evidenced by RIAA/BPI certifications.

High Salary (Not Met)

Tax returns showed wages of $130,500 and $75,000, which were below the mean annual wage for the profession in California and Florida.

Why This Petition Was Denied

The Petitioner only satisfied two of the ten criteria (published material and leading/critical role), failing to meet the minimum requirement of three. Specifically, his reported wages of $130,500 and $75,000 were below the mean for agents and business managers in his geographic areas. Additionally, the record did not demonstrate the sustained national or international acclaim required for the final merits determination.

Evidence

Evidence Types
Media Coverage
Reference Letters Independent
High Salary
Commercial Success
Professional Memberships
Evidence Submitted
  • Published material in major media relating to his work
  • Founder and CEO of an artist management company
  • Co-owner of music publishing companies and a record label
  • RIAA and BPI sales certifications for client works
  • Expert letters from industry COOs and CEOs
  • Evidence of clients generating billions of streams

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Director

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Others

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USCIS EB-1A dismissed
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The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that he is among the small percentage at the very top of his field, despite meeting three initial criteria. Evidence of published material about the Petitioner was limited to 2023-2024, failing to show sustained acclaim over a long period. A single article published in 1990 lacked evidence of citations or sustained acclaim. A leading or critical role in 2014 also lacked evidence of sustained acclaim. Contributions to employers were noted, but major significance to the broader field of Stage Construction and Engineering as it applies to Art, Theatre, and Film Production was not established. Furthermore, the record lacked comparative salary data to prove a high salary in relation to others in the field, which would indicate being at the very top.

Musician

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USCIS EB-1A dismissed
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The Petitioner failed to meet the required three criteria; specifically, reference letters lacked detail on how his work influenced the field (original contributions), and YouTube metrics were deemed insufficient or post-dated the filing (commercial success). The record did not establish sustained national or international acclaim or that the Petitioner is in the small percentage at the top of the field.

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: 2024-07-05.

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At a Glance

Outcome dismissed
Criteria Met 2 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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