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dismissed EB-1A RFE Issued

Visual Artist

Visual Artist · 2024-12-10

Decision Date
2024-12-10
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
Published Material (Met)

The Petitioner demonstrated eligibility for the published material criterion.

Exhibitions or Showcases (Met)

The Petitioner demonstrated eligibility for the display criterion (exhibitions).

Awards (Not Met)

The Petitioner failed to provide sufficient documentation demonstrating the national or international recognition for excellence of the 2019 IFellowship, including details on the selection process, number of entrants, and external recognition of the award itself.

Original Contributions (Not Met)

The Petitioner did not establish eligibility for the original contributions criterion.

Leading or Critical Role (Not Met)

The Petitioner did not establish eligibility for the leading or critical role criterion.

High Salary (Not Met)

The Petitioner did not establish eligibility for the high salary criterion.

Scholarly Articles (Not Met)

The Petitioner did not claim eligibility for the scholarly articles criterion in the initial petition or RFE response, so it was not considered by the AAO.

Why This Petition Was Denied

The motion to reopen was dismissed for failing to state new facts and submit documentary evidence. The motion to reconsider was dismissed because the Petitioner failed to demonstrate an error in law or policy regarding the scholarly articles criterion (which was not claimed in the initial petition or RFE response) and the awards criterion (due to insufficient documentation demonstrating national or international recognition for excellence in the field, including details on selection process, number of entrants, and external recognition of the award itself).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE was issued because the Director found the Petitioner did not meet enough criteria. The Petitioner responded by reiterating claims for awards, published material, original contributions, display, and leading or critical role, and additionally claimed eligibility for the high salary criterion.

RFE Targets
AwardsPublished MaterialOriginal ContributionsExhibitions or ShowcasesLeading or Critical RoleHigh Salary

Evidence

Evidence Types
Awards
Published Material
Original Contributions
Exhibitions
Leading Role
High Salary
Scholarly Articles
Evidence Submitted
  • display under 8 C.F.R. § 204.5(h)(3)(vii)
  • published material under 8 C.F.R. § 204.5(h)(3)(iii)
  • awards under 8 C.F.R. § 204.5(h)(3)(i)
  • original contributions under 8 C.F.R. § 204.5(h)(3)(v)
  • leading or critical role under 8 C.F.R. § 204.5(h)(3)(viii)
  • high salary criterion under 8 C.F.R. § 204.5(h)(3)(ix)
  • scholarly articles under 8 C.F.R. § 204.5(h)(3)(vi)
  • screenshots from I lorg indicating names of past fellowship recipients
  • article posted on advocate.com reporting on an exhibition and fellowship receipt
  • screenshots from artnet.com announcing an exhibition and mentioning fellows

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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: 2024-12-10.

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At a Glance

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

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

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