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dismissed O-1 RFE Issued

Dance Instructor

Dance · 2024-08-13

Decision Date
2024-08-13
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 met
Published material about the alien (Met)

The Director determined the Beneficiary fulfilled this criterion, but the AAO did not re-evaluate it, focusing on other criteria.

Participation as a judge of the work of others (Not Met)

The Petitioner claimed eligibility for this criterion for the first time on appeal, and the AAO declined to consider new claims or evidence not presented to the Director.

Original scientific, scholarly, or business-related contributions of major significance (Not Met)

The Petitioner failed to demonstrate that the Beneficiary's involvement as director and choreographer of a musical show constituted a contribution of major significance to the dance field, as promotional materials and a recommendation letter lacked specific examples of substantial impact.

Employment in a critical or essential capacity for organizations or establishments that have a distinguished reputation (Not Met)

The Petitioner did not establish that the Beneficiary's roles as a dancer in a charity event or TV show, or as a 'special guest' at a dance camp, were critical or essential for organizations with a distinguished reputation, as the stature of the organizations was not sufficiently proven.

Commanded a high salary or other remuneration for services (Not Met)

The Petitioner failed to demonstrate that the Beneficiary's proposed annual salary of $60,000 as a dance instructor was 'high' relative to others in the field, as the comparative data provided for 'dancers' was deemed inappropriate for 'dance instructors' and the salary was only slightly above average.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary met at least three of the eight evidentiary criteria for O-1 classification. Specifically, claims for judging work of others were not considered as they were raised for the first time on appeal. Evidence for original contributions of major significance (directing/choreographing a musical show) was deemed insufficient, lacking proof of major impact. Employment in a critical or essential capacity for distinguished organizations (charity sport event, TV show, dance camp) was not established, as the entities' distinguished reputations were not proven, nor was the Beneficiary's role shown to be critical or essential. Finally, the Beneficiary's proposed salary of $60,000 as a dance instructor was not considered 'high' relative to comparable data for dancers, which was also deemed an inappropriate comparison.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a Request for Evidence (RFE), but the specific criteria targeted by the RFE are not detailed in the decision. The Petitioner did not assert eligibility for the 'judging work of others' criterion in response to this RFE.

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Original Contributions
Critical Employment Role
High Salary
Judging Experience
Published Material About
Achievements
  • Directed and choreographed the musical show 'I I' in Italy in 2019
  • Performed at a gala where she met L-S-
  • Worked with L-S- on dance camps, workshops, and choreography
  • Competed in the third edition (2006) of the Italian TV show 'I I' with actor S-K-
  • Competed in the fifteenth edition (2020) of the Italian TV show 'I I' with actress R-C-
  • Appeared as a 'special guest' at the T-V-L-dance training camp in 2019
  • Performed a dance at a two-day charity sport event

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Frequently Asked Questions

A dismissed O-1 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: 2024-08-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 7

O-1 Case Data

Scraped Case Data

Total Cases 90
Success Rate 70.0%
Sustained 63
Dismissed 27

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