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dismissed EB-1A RFE Issued

Musician Who Composes And Performs Music

Musician Who Composes And Performs Music · 2023-02-28

Decision Date
2023-02-28
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
Published material (Met)

The Director determined that the Petitioner satisfied the published material criterion.

Original contributions (Not Met)

The Petitioner did not demonstrate that his hybrid bass guitar has resulted in significant commercial sales or a major impact on the field as a whole.

Scholarly articles (Not Met)

The Petitioner was not named as the author of the submitted article, and it was not shown to be intended for learned persons in the field.

Leading or critical role (Not Met)

The AAO declined to reach a decision on this criterion as the Petitioner already failed to meet the numerical requirement of three criteria.

Why This Petition Was Denied

The Petitioner failed to meet the required three criteria; only the published material criterion was satisfied. The original contribution claim regarding a hybrid bass guitar lacked evidence of significant commercial impact or influence on the field, and the scholarly article claim failed because the Petitioner was not named as the author. No major internationally recognized award was documented.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the originality and major significance of the Petitioner's instrument; the response included testimonial letters that lacked specific examples of field-wide impact.

RFE Targets
Original contributions

Evidence

Evidence Types
Published Material
Original Contributions
Scholarly Articles
Reference Letters Dependent
Evidence Submitted
  • Invention of a fretted/fretless hybrid bass guitar
  • Published material (satisfied criterion)
  • Testimonial letters (e.g., from a unique talent endorsement)
  • Showcase of invention at a popular trade show
  • Article in Bass Magazine (post-dated, not considered)

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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: 2023-02-28.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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