dismissed EB-1A RFE Issued
Makeup Artist
Theater / Makeup Artist · Moldova · 2024-07-03
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 metMembership in associations requiring outstanding achievements (Not Met)
Petitioner failed to show that UNITEM requires outstanding achievements as judged by recognized experts.
Judging the work of others (Not Met)
Evidence was unclear whether the Petitioner served as a judge or a makeup artist, and lacked specific dates and details of the events.
High salary or other significantly high remuneration (Not Met)
The Petitioner did not provide payroll, bank, or tax statements to corroborate income or a valid comparative statistical survey.
Why This Petition Was Denied
The motion was dismissed because the Petitioner did not meet the requirements of 8 C.F.R. § 103.5(a)(2) or (3). Specifically, the Petitioner failed to satisfy the membership criterion (UNITEM), the judging criterion (lack of specific dates and roles), and the high salary criterion (lack of payroll/tax statements and flawed comparative data). Only one criterion (display) was previously satisfied, falling short of the required three.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director requested evidence to address deficiencies in membership requirements, specific judging roles, and corroboration of high salary. The Petitioner provided previously submitted bylaws and an expert letter that did not resolve the issues.
RFE Targets
Membership in associations requiring outstanding achievementsJudging the work of othersHigh salary or other significantly high remuneration
Evidence
Evidence Types
Professional Memberships
Judging Experience
High Salary
Reference Letters Dependent
Evidence Submitted
- Membership in the Theater Union of Moldova (UNITEM)
- Participation in a fashion project (claimed as jury member or makeup artist)
- Expert opinion letter from L-G- regarding salary
- Photographs and samples of jury paperwork
- Display under 8 C.F.R. § 204.5(h)(3)(vii)
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-03.
Browse all casesAt 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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