Visalytics
Visalytics
dismissed EB-1A RFE Issued

Singer

Singer · 2022-03-10

Decision Date
2022-03-10
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
Judging (Met)

The Director determined that the Petitioner satisfied the criterion relating to judging.

Display (Met)

The AAO determined that the Petitioner demonstrated her eligibility for the display criterion.

Published Material (Not Met)

The AAO concluded that the Petitioner did not establish that she met the published material criterion on appeal.

Awards (Not Met)

The Petitioner failed to specifically identify errors regarding this criterion on appeal, leading it to be considered abandoned.

Original Contributions (Not Met)

The Petitioner did not provide specific allegations of error regarding original contributions of major significance on appeal.

Leading or Critical Role (Not Met)

This criterion was considered abandoned as the Petitioner did not contest the Director's negative finding on appeal.

High Salary (Not Met)

The Petitioner made no specific allegation of error regarding the high salary criterion on appeal.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to identify specific legal or factual errors in the prior decision regarding the abandoned criteria. The Petitioner only met 2 of the 10 criteria (judging and display), falling short of the minimum requirement of 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence for seven categories; the Petitioner responded maintaining eligibility for all, but only judging was initially accepted.

RFE Targets
AwardsPublished MaterialJudgingOriginal ContributionsLeading or Critical RoleHigh Salary

Evidence

Evidence Types
Judging Experience
Published Material
Awards
Original Contributions
High Salary
Exhibitions
Evidence Submitted
  • Judging (8 C.F.R. § 204.5(h)(3)(iv))
  • Display (8 C.F.R. § 204.5(h)(3)(vii))
  • Published material (8 C.F.R. § 204.5(h)(3)(iii)) - submitted but found unmet
  • Awards (8 C.F.R. § 204.5(h)(3)(i)) - claimed but abandoned
  • Original contributions of major significance (8 C.F.R. § 204.5(h)(3)(v)) - claimed but abandoned
  • Leading or critical role (8 C.F.R. § 204.5(h)(3)(viii)) - claimed but abandoned
  • High salary (8 C.F.R. § 204.5(h)(3)(ix)) - claimed but abandoned

Similar Cases

Musician

Music · China

USCIS EB-1A rfe dismissed
California 2024-07-26
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.

Musician

Performing Arts · Bangladesh

USCIS EB-1A rfe dismissed
2024-10-10
The appeal was dismissed because the Petitioner failed to meet the required three out of ten evidentiary criteria for extraordinary ability. Specifically, the awards presented were not shown to be nationally or internationally recognized. Memberships in associations did not require outstanding achievements judged by recognized experts. Published material lacked author identification and proper translation certification, and some articles were not about the Petitioner. Evidence for high salary and commercial successes was insufficient, lacking objective compensation data, valid comparative sampling, or volume of sales/box office receipts, and some evidence post-dated the petition filing.

Musician

Performing Arts · Bangladesh

USCIS EB-1A remanded
2024-08-13
The AAO determined the Director erred in evaluating the awards criterion, finding the 'Best Singer Award' received in 2021 in Bangladesh qualified as a nationally recognized award. The AAO also found the Director erred regarding the published material criterion, as the petitioner provided sufficient evidence, including circulation figures from the Government of Bangladesh and credible rankings, to establish that articles about her were published in major media in Bangladesh. With these two additional criteria met, the petitioner satisfied the initial evidence requirements of three criteria, necessitating a remand for a final merits determination.

Musician

Music

USCIS EB-1A dismissed
2024-08-08
The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that she is among the small percentage at the very top of her field. While the Director found three criteria met (published material, scholarly articles, and display of work), the awards presented were not established as nationally or internationally recognized, and scholarships were deemed academic training rather than qualifying awards. The Petitioner's appeal brief also failed to adequately address the specific shortcomings identified in the Director's final merits determination, leading to those issues being considered waived.

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

More dismissed cases More Entertainment cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-03-10.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Related Pages

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

Get Case Insights

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

Join Waitlist