All Cases
17 cases · 0 approved / sustained · 15 denied / dismissed · 2 remanded
Musician
Music
USCIS EB-1A dismissed
2025-03-24
The appeal was dismissed because the evidence did not establish the Beneficiary is among the small percentage at the top of the field. Specifically, media coverage was deemed promotional or lacked evidentiary weight due to improper translations, and awards (such as bronze medals) were considered indicative of career progression rather than extraordinary ability. Additionally, letters of support described the Beneficiary in subordinate roles, such as an assistant composer or band member, rather than a leading figure.
Musician
Music · Brazil
USCIS EB-1A dismissed
2024-12-23
The appeal was dismissed because the Petitioner failed to establish meeting three out of ten EB-1A criteria. While the Petitioner met the 'exhibitions' criterion, evidence for 'awards' lacked proof of national/international recognition, 'memberships' did not require outstanding achievement, 'published material' lacked required elements (title, date, author) and context for major media, 'scholarly articles' lacked authorship proof, 'leading role' letters lacked specific details of critical contributions, and 'commercial success' evidence (PayPal, Hotmart, MyEduzz sales, social media views) lacked comparative context or was not directly from music sales, or was dated after the filing. The 'original contributions' criterion was not addressed as it would not change the outcome.
Musician
Music · Russia
USCIS EB-1A rfe dismissed
2024-12-10
The appeal was dismissed because the Petitioner failed to meet at least three of the ten initial evidentiary criteria for extraordinary ability. Specific issues included deficient translation certifications (not certified as 'complete'), failure to provide original photographs requested in an RFE, and guest passes not being recognized as awards. The Petitioner also waived appeal on vocal competition awards and other claimed criteria by not addressing the Director's conclusions. Overall, the Petitioner did not demonstrate sustained national or international acclaim or being at the very top of the field.
Others
Music
USCIS EB-1A dismissed
2024-12-03
The appeal was dismissed because the petitioner failed to meet the required three evidentiary criteria for extraordinary ability. Specifically, the mayoral certificate was deemed not an award for excellence in the field but for community contributions, lacked national recognition, and the other award was received after the petition filing date. The concerts organized by the petitioner were not considered artistic exhibitions of her own work product, but rather of the performers and artistic staff.
Musician
Music · Australia
USCIS EB-1A rfe dismissed
2024-10-02
The AAO dismissed the appeal because the Petitioner failed to meet at least three of the ten regulatory criteria for extraordinary ability. While the Director found two criteria met (judging and exhibitions), the AAO rejected the Petitioner's claims for published materials (articles were not substantially about him, self-created profiles, or from non-major/professional publications) and authorship of scholarly articles (doctoral dissertation published in an institutional repository was not considered a professional or major trade publication, nor was the repository a 'publisher'). The AAO also found the comparable evidence argument regarding letters of support unpersuasive, concluding the Petitioner did not demonstrate sustained national or international acclaim.
Musician
Music
USCIS EB-1A rfe remanded
2024-08-29
The Director's decision was withdrawn because it contained 'repetitive and generic' language from unrelated cases, depriving the petitioner of a fair adjudication. Specifically, the Director mischaracterized the musician petitioner as a medical professional and failed to address the 'original contributions' criterion entirely. The case was remanded to determine if the petitioner meets at least three of the five claimed criteria: awards, memberships, published material, original contributions, and leading roles.
Musician
Music
USCIS EB-1A dismissed
2024-08-08
The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that she is among the small percentage at the very top of her field. While the Director found three criteria met (published material, scholarly articles, and display of work), the awards presented were not established as nationally or internationally recognized, and scholarships were deemed academic training rather than qualifying awards. The Petitioner's appeal brief also failed to adequately address the specific shortcomings identified in the Director's final merits determination, leading to those issues being considered waived.
Musician
Music · Nicaragua
USCIS EB-1A rfe dismissed
2024-08-05
The appeal was dismissed because the Petitioner failed to establish that he met at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the 'Catholic Producer of the Year' and 'Alma Mater Prize' awards were not deemed nationally or internationally recognized in the broader field of music production. Original contributions were not shown to be of major significance or widely influential, and commercial success evidence (video views) was unsubstantiated and not of the type required by regulation.
Musician
Music
USCIS EB-1A dismissed
2024-07-29
The appeal was dismissed because the Petitioner met only two of the ten regulatory criteria (awards and display of work), failing the requirement of three. Specifically, the published material was about the band rather than the Petitioner, and the evidence for membership in LARAS and a leading role in his band did not meet the regulatory standards for outstanding achievement or significant impact.
Musician
Music · China
USCIS EB-1A rfe dismissed
California 2024-07-26
The Petitioner failed to meet any of the claimed criteria, including awards, memberships, and published material. Specifically, the Petitioner did not provide circulation data for media, evidence of outstanding achievement for memberships, or proof of national/international recognition for prizes. The AAO also noted that the Petitioner's council membership had lapsed and new evidence was submitted after the filing date.