dismissed EB-1A RFE Issued

Salsa Dancer, Choreographer And Instructor

Salsa Dancer, Choreographer And Instructor · Colombia · 2025-02-13

Decision Date
2025-02-13
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
Participation as a judge of the work of others (Met)

The Director concluded, and the AAO affirmed, that the Petitioner met this criterion by participating as a judge of the work of others in the field.

Display of work at artistic exhibitions or showcases (Met)

The Director concluded, and the AAO affirmed, that the Petitioner met this criterion by displaying her work at artistic exhibitions or showcases.

Membership in associations that require outstanding achievements (Not Met)

The Petitioner failed to satisfy this criterion due to inconsistent descriptions of membership requirements from ASOSALCALI and the lack of independent supporting evidence like bylaws, which were specifically requested in an RFE.

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

The Petitioner failed to satisfy this criterion as the submitted articles and video lacked evidence to establish the circulation statistics or intended audience of the publications (Semana magazine, El Tiempo newspaper, CUNY TV) to qualify them as major media.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance (Not Met)

The Petitioner failed to satisfy this criterion because the recommendation letters did not sufficiently detail the nature or major significance of her contributions to the field of salsa dancing and choreography as a whole, lacking specifics on unique training methods or the impact of her social work.

Performing in leading or critical roles for organizations with a distinguished reputation (Not Met)

The Petitioner's eligibility under this criterion was deemed waived on appeal as she did not address or contest the Director's conclusion, and thus new evidence on motion was not considered.

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

The Petitioner no longer asserted eligibility under this criterion on motion, effectively withdrawing the claim.

Why This Petition Was Denied

The motion to reopen was dismissed because the new evidence did not establish eligibility under at least three of the ten EB-1A criteria. Specifically, the Petitioner failed to prove membership in associations requiring outstanding achievements due to inconsistent documentation and lack of bylaws, published material in major media due to insufficient evidence of circulation or audience, and original contributions of major significance due to vague recommendation letters lacking specific details on the impact of contributions. The motion to reconsider was dismissed as the Petitioner did not demonstrate an incorrect application of law or policy in the prior decision, nor did she identify specific errors or explain how the prior decision did not follow regulations and policy guidance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested ASOSALCALI's constitution or bylaws to substantiate the membership criteria. The Petitioner did not provide this evidence in response to the RFE, on appeal, or with the motion to reopen, leading to the criterion being unmet.

RFE Targets
Membership in associations that require outstanding achievements

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Professional Memberships
Published Material
Judging Experience
Original Contributions
Exhibitions
Evidence Submitted
  • Letter from Cali Salsa Dancers Association (ASOSALCALI) legal representative (Nov 24, 2023)
  • Letter from Cali Salsa Dancers Association (ASOSALCALI) legal representative (Jul 23, 2024)
  • Articles on salsa dancing, some mentioning Petitioner's dance studio, some featuring Petitioner
  • Article from Semana magazine, dated August 11, 2016
  • Article from El Tiempo newspaper, dated September 1, 2016
  • Screenshots of a video from CUNY TV, dated 2015
  • Interview dated 2012
  • Letter from Petitioner's father as general director of [redacted]
  • Letter from the Mayor's Office of [redacted]
  • Letter of recommendation from student [redacted], dated July 30, 2024
  • Letter of recommendation from [redacted] and [redacted], dated August 5, 2024
  • Letter of recommendation from [redacted], president of ASOSALCALI, dated August 2, 2024
  • Undated letter from [redacted], researcher and professor at [redacted] in Colombia

Similar Cases

Choreographer

Performing Arts · Colombia

USCIS EB-1A rfe dismissed
2024-07-10
The appeal was dismissed because the Petitioner only satisfied two of the ten EB-1A criteria (judging and artistic exhibitions). Evidence for awards was deemed insufficient as they were team-based rather than individual, and published materials lacked circulation data or were not primarily about the Petitioner's work.

Choreographer

Performing Arts

USCIS EB-1A rfe dismissed
2024-10-11
The appeal was dismissed because the Petitioner failed to establish that she met three of the ten criteria for extraordinary ability. While the AAO found the Petitioner met the 'display of work at artistic exhibitions' criterion, she did not provide sufficient evidence for membership in associations requiring outstanding achievements, published material about her in major media, participation as a judge, original contributions of major significance, or performance in a leading/critical role for distinguished organizations. Several claims were undermined by lack of certified translations or inconsistencies in evidence.

Choreographer

Performing Arts · Belarus

USCIS EB-1A rfe dismissed
2025-01-31
The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements by not satisfying at least three of the ten regulatory criteria. Specifically, the Petitioner only met two criteria: receipt of lesser nationally or internationally recognized prizes or awards (i) and participating as a judge of the work of others (iv). The AAO found that the Petitioner did not provide sufficient evidence for membership in associations (ii), published materials about her (iii), original contributions of major significance (v), performing in leading or critical roles (viii), or commanding a high salary (ix). The evidence for published material (YouTube videos) lacked proof of major media status, and salary data was not comparable or contemporaneous.

Coach

Performing Arts · Ukraine

USCIS EB-1A rfe dismissed
2024-12-20
The appeal was dismissed because the Petitioner failed to establish that they met the criteria for lesser nationally or internationally recognized awards (8 C.F.R. § 204.5(h)(3)(i)) and participation as a judge of the work of others (8 C.F.R. § 204.5(h)(3)(iv)). For awards, the evidence presented was deemed regional, local, or employer-based, lacking national or international recognition. For judging, the evidence consisted of a vague letter and an inconsistent website printout, failing to meet the preponderance of evidence standard. Even if the Petitioner had met the other two claimed criteria (published material and artistic exhibitions), they would still not have met the minimum three criteria required.

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.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-13.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist