dismissed EB-1A
Writer And Filmmaker
Writer And Filmmaker · China · 2023-01-10
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
0 of 3 criteria metJudging (Not Met)
Petitioner provided evidence of judging at a film festival, but new instances raised on motion were not considered as they were not in the original appeal.
Original Contributions (Not Met)
Claims regarding the novel being a major milestone were considered abandoned as they were not advanced in the appeal filing.
Why This Petition Was Denied
The motion was dismissed because the Petitioner failed to state new facts relevant to the original appeal, instead attempting to introduce entirely new eligibility claims for the first time. Specifically, claims regarding judging roles at the 11th Film Festival and contributions related to the novel 'The Last Quarter of the Moon' were either waived on appeal or not previously asserted. Additionally, evidence such as a 2022 article was rejected as it post-dated the March 30, 2020, petition filing date.
Evidence
Evidence Types
Judging Experience
Original Contributions
Published Material
Evidence Submitted
- Jury member for the 10th edition of a Film Festival (judging)
- Jury member for the 11th Film Festival (judging - rejected as new claim)
- Novel: 'The Last Quarter of the Moon' (original contribution - waived)
- Writing featured in the book 'The Last Quarter of the Moon' (rejected as new claim)
- 2022 article (rejected as post-dating filing)
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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: 2023-01-10.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
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