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dismissed O-1 RFE Issued

Dance Instructor

Dance · 2024-08-15

Decision Date
2024-08-15
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
Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought. (Not Met)

The Beneficiary holds judging credentials but failed to provide evidence of actual participation as a judge in specific events or competitions, leading to this criterion being unmet. The Director's initial finding that this criterion was met was withdrawn by the AAO.

Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field. (Not Met)

The Beneficiary's role as director/choreographer of a musical show and a recommendation letter did not sufficiently demonstrate contributions of major significance or substantial impact on the dance field. Promotional materials for the show did not prove its major significance.

Evidence that the alien has been employed in a critical or essential capacity for organizations or establishments that have a distinguished reputation. (Not Met)

The Petitioner failed to prove that the Beneficiary's roles in a charity event or show constituted critical/essential employment for a distinguished 'organization' or 'establishment'. Additionally, the distinguished reputation of the T-B-D-dance school or T-V-L-dance training camp was not established, as self-promotional materials were insufficient.

Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence. (Not Met)

The Beneficiary's projected salary of $60,000 was not shown to be high relative to comparable dance instructors. The provided comparative data was for 'Dancers' (not 'dance instructors') and the salary was only slightly above average, not at the higher end of the spectrum.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary met at least three of the eight regulatory criteria for O-1 extraordinary ability. Specifically, the AAO found insufficient evidence for the judging criterion (lack of specific event participation), original contributions (show lacked major significance proof), critical employment role (events/shows not 'organizations' and roles not proven critical for distinguished entities, and distinguished reputation of entities not established), and high remuneration (salary not high relative to comparable dance instructors, as data was for 'Dancers' and salary was only slightly above average).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for the judging criterion. The petitioner responded with registration cards and promotional materials, but these were deemed insufficient to prove actual participation as a judge in specific events.

RFE Targets
Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought.

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Judging Experience
Original Contributions
Critical Employment Role
High Salary
Achievements
  • Registered as an 'International Adjudicator Qualified in Ballroom (Standard) & Latin' by the World Dance Council in 2019 and 2020
  • Renewed registration with the Italian DanceSport Federation as an 'Extraordinary technician and judge' in 2023
  • Director and choreographer, with spouse, of the musical show 'I I' performed at the 'I I' in 'I I' Italy in 2019
  • Gave a dance performance at a two-day charity sport event produced by the 'I I' for spinal cord injury research in 2015
  • Appeared as a 'special guest' at the T-V-L-dance training camp in 2019

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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: 2024-08-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

O-1 Case Data

Scraped Case Data

Total Cases 90
Success Rate 70.0%
Sustained 63
Dismissed 27

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