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dismissed EB-1A RFE Issued

Musician And Maker Of Musical Instruments

Musician And Maker Of Musical Instruments · Thailand · 2023-02-23

Decision Date
2023-02-23
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

1 of 3 criteria met
Display at artistic exhibitions or showcases (Met)

The Director and AAO concluded that the Petitioner satisfied the criterion relating to artistic display.

Lesser nationally or internationally recognized prizes or awards (Not Met)

Prizes were primarily local, regional, or student-level; insufficient evidence was provided to show national or international recognition.

Published material about the individual in major media (Not Met)

Articles were in a local Thai-language newspaper and focused on volunteer activities rather than the Petitioner's musical expertise.

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

The Petitioner confused evaluating his own work and conducting an ensemble with judging the work of others.

Leading or critical role for distinguished organizations (Not Met)

The Petitioner did not establish that his roles as a volunteer or guest instructor were leading or critical for organizations with distinguished reputations.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner met only one criterion (artistic display) instead of the required three. Specifically, the prizes lacked documentation of national significance, the media coverage was local and focused on volunteer work rather than musical expertise, and there was no evidence of judging the work of others or holding a leading/critical role in a distinguished organization.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for certified translations and objective evidence of the significance of awards and media. The Petitioner provided some new translations and letters, but they did not meet regulatory standards or prove acclaim.

RFE Targets
Lesser nationally or internationally recognized prizes or awardsPublished material about the individual in major mediaParticipation as a judge of the work of othersLeading or critical role for distinguished organizations

Evidence

Evidence Types
Awards
Media Coverage
Judging Experience
Exhibitions
Leading Role
Evidence Submitted
  • Musical performances and competitions since 2012
  • Handmade musical instruments (phin)
  • Volunteer musician and music teacher at a Buddhist temple
  • Performance at the University of California
  • Certificates and trophies from folk music competitions
  • Online articles from Thai Newspaper (Los Angeles)
  • Facebook and YouTube video appearances

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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: 2023-02-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

Related Pages

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

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