dismissed EB-1A

Voice Actor

Voice Actor · 2024-11-18

Decision Date
2024-11-18
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
Published material about the alien in professional or major trade publications or other major media (Not Met)

The Petitioner did not establish that the article in question was about him, even though it mentioned him as a dubbing director. The major media status of the website where the article was posted was also not established.

Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales (Not Met)

While the Petitioner submitted evidence of his performance as a voice actor in television and films, it did not demonstrate that the success of these projects was attributable to his specific work.

Why This Petition Was Denied

The motion to reopen was dismissed due to the absence of new facts or documentary evidence. The motion to reconsider was dismissed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy. The AAO found the Petitioner did not meet the published material criterion (8 C.F.R. § 204.5(h)(3)(iii)) as the article was not established to be about him and the website's major media status was not proven. Additionally, the commercial success criterion (8 C.F.R. § 204.5(h)(3)(x)) was not met because the success of projects was not attributable to the Petitioner's specific work.

Evidence

Evidence Types
Published Material
Commercial Success
Evidence Submitted
  • published material about the Petitioner and his work
  • online traffic and rankings from SimilarWeb for uol.com.br
  • Petitioner's performance as a voice actor in television and films

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The motion to reopen was dismissed because the Petitioner did not submit new facts or documentary evidence. The motion to reconsider was dismissed as the Petitioner failed to establish that the prior AAO decision (November 2024) was based on an incorrect application of law or policy. Specifically, the Petitioner did not identify specific errors regarding the 'published material' (8 C.F.R. § 204.5(h)(3)(iii)) and 'commercial success' (8 C.F.R. § 204.5(h)(3)(x)) criteria, nor did they show error in reserving the totality of the evidence analysis.

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The AAO dismissed the appeal because the Petitioner, an actor, failed to demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field, despite meeting three initial criteria (published material, leading/critical role, high salary). In the final merits determination, the evidence was insufficient. Specifically, his membership in the Academy of Television Arts & Sciences, published material, career statistics (60+ credits over 23 years), a single film premiere at a film festival, and commercial success (films grossing $34 million, one Netflix episode) did not demonstrate the required level of sustained acclaim or top-tier expertise. Evidence post-dating the petition filing was not considered.

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The Petitioner failed to meet the membership criterion as ANDI 'Partner' status did not require outstanding achievements. Published material in 27prmedia.com and examiner.com lacked evidence of major media status, and other articles lacked required metadata or were not about the Petitioner. Financial evidence showed yearly earnings (max $19,600) well below the California average for actors ($26,989), and box office receipts for films like 'The Angriest Man in Brooklyn' ($1.49M) were not shown to be commercially successful relative to the industry.

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: 2024-11-18.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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