dismissed EB-2 (NIW) RFE Issued

Singer

Music Industry · Belarus · 2025-03-19

Decision Date
2025-03-19
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.

Proposed Endeavor

The Petitioner intends to continue her music career as a singer in the United States, while pursuing other projects that rely upon her background in music and voice training, including presentation of workshops and masterclasses, music education initiatives, and teaching vocal techniques for therapeutic purposes.

Why This Petition Was Denied

The Director denied the petition because the Petitioner did not establish that she meets at least three of the ten evidentiary criteria for extraordinary ability. The AAO affirmed, finding the Petitioner only met one criterion (judging the work of others). The appeal was dismissed because the Petitioner failed to provide sufficient evidence for nationally recognized awards, membership in associations requiring outstanding achievements, published materials in major media, performance in leading/critical roles for distinguished organizations, or commercial success in performing arts (e.g., box office receipts, record sales).

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued by the Director, asking the Petitioner to provide objective documentary evidence of the distinguished reputation of any organization that employed her in a leading or critical role. The Petitioner asserted the previously submitted evidence was sufficient and added claims about participation in national and state events, but did not document these claims.

Evidence

Evidence Types
Awards
Professional Memberships
Media Coverage
Judging Experience
Original Contributions
Leading Critical Role
Commercial Success

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Frequently Asked Questions

A dismissed EB-2 NIW 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: 2025-03-19.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 7

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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