How common are denied EB-1A petitions?

EB-1A petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the the arts industry affect EB-1A petition outcomes?

The the arts sector has unique considerations for EB-1A petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-1A RFE Issued

Digital Influencer

The Arts · Brazil · 2024-11-26

Decision Date

2024-11-26

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

0 of 3 criteria met

Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field. (Not Met)

The submitted awards (Silver level, TikTok, YouTube 100k subscribers) were not established as nationally or internationally recognized for excellence beyond the rewarding entities or local/regional level.

Membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts. (Not Met)

Membership in the YouTube Shorts creators' community only required active creation and policy compliance, not outstanding achievements judged by national or international experts.

Published material about the Petitioner in professional or major trade publications or other major media. (Not Met)

Articles in Brazilian Times, a local Brazilian newspaper, and TV Horizonte were not established as professional or major trade publications or other major media due to lack of evidence of large circulation, national prominence, or high viewership.

Original artistic contributions of major significance in the field. (Not Met)

High follower and view counts were not synonymous with originality or significance, as no documentation showed how the Petitioner's work affected the field or that other influencers adopted her methods.

Display of the Petitioner's work in the field at artistic exhibitions or showcases. (Not Met)

A billboard and a community history display only showed the Petitioner's photograph and text, not her video work product, and were not considered artistic exhibitions or showcases.

Performing in a lead or critical role for organizations or establishments with distinguished reputations. (Not Met)

The Petitioner mentioned this criterion on appeal but did not specify any establishment or organization or indicate factual/legal errors in the Director's conclusion, thus it was not addressed further.

Commercial success in the performing arts. (Not Met)

Despite high follower counts and monetized videos, the Petitioner failed to provide documentation of actual revenues from advertising, sponsorships, or monetization, only estimations, thus not establishing tangible financial success.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the initial evidence requirements of demonstrating a one-time achievement or meeting at least three of the ten criteria for extraordinary ability. Specifically, awards were not nationally/internationally recognized, memberships lacked outstanding achievement requirements, published material was not from major media, original contributions lacked major significance, displays were not artistic exhibitions of work product, a lead role was not specified, and commercial success lacked documentation of actual revenues despite high follower/view counts.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested information regarding commercial success, to which the Petitioner responded with an analytics website printout estimating potential earnings per TikTok post. However, this was deemed insufficient as it was only an estimation and not documentation of actual revenues.

RFE Targets

Commercial success in the performing arts.

Evidence

Evidence Types

Awards

Professional Memberships

Media Coverage

Reference Letters Dependent

Exhibitions

Commercial Success

Evidence Submitted

Silver level Award
TikTok award
YouTube award for 100,000 subscribers
Membership in YouTube Shorts creators' community
Articles in Brazilian Times newspaper
Articles in Petitioner's hometown newspaper
Interview on TV Horizonte
Recommendation letters (not detailed)
Billboard display of Petitioner's photograph
Exhibition in Brazilian-American community history display
YouTube and TikTok videos (sketches)
High number of TikTok followers
Popular YouTube channel
Monetized YouTube videos
Estimated TikTok post earnings ($1,852 to $2,910 per post)

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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: 2024-11-26.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881

Success Rate 52.9%

Sustained 466

Dismissed 299

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