Arts (Art Direction)
AAO appeal decision on the EB-1A talent visa
Updated: Author: Alina Kanametova
This is a real, anonymized AAO appeal decision on the EB-1A immigrant visa, in the field of Arts (Art Direction) (Arts), 2022. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 1 were counted: Published material about you.
What this case shows
Bottom line: the case went back to the officer for another look, not a final decision. Of the 1 EB-1A criteria claimed, 1 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.
EB-1A criteria in this case
- Awardsnot claimed
- Membershipnot claimed
- Published material about youcounted
- Judgingnot claimed
- Original contributionnot claimed
- Scholarly authorshipnot claimed
- Exhibitionsnot claimed
- Leading rolenot claimed
- High remunerationnot claimed
- Commercial successnot claimed
- Comparable evidencenot claimed
The Arts field in the database: 343 appeals
Outcomes in this field: 12 sustained, 52 remanded, 279 dismissed. How the AAO ruled in this field on the criteria argued in this case:
| Criterion | In this case | Counted in the field | How objections were answered |
|---|---|---|---|
| Published material about you | counted | 90 of 242 (37%) | breakdowns for this criterion (7) |
Counted over our base of published AAO decisions; all Arts appeals.
How to read this case
The record of this case has no criterion marked "not counted", yet it never reached the final-merits stage. That happens when the dispute was resolved another way - for example, the case was sent back to the officer - and the AAO did not record a verdict on each criterion. Use the decision excerpt and the similar cases below.
From the AAO decision (source, EN)
The Director failed to fully consider all submitted evidence and provide a complete analysis of the criteria at 8 C.F.R. § 204.5(h)(3). Specifically, the decision lacked detailed explanations for why evidence was insufficient and did not address evidence related to several criteria (awards, judging, artistic exhibitions).
The quote summarizes a fragment of the decision; the table above reflects the FINAL status of the criteria across all stages of the case (including ones conceded before the appeal), so the wording may not match one-to-one.
Full AAO decision of June 9, 2022 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 1, counted: 1 (Published material about you).
- How did this appeal end?
- The case was remanded: the AAO withdrew the decision and sent it back to the officer - not a final approval, but not a final denial either.
- Did the case reach the final-merits stage?
- No - the case did not reach final merits: fewer than the required 3 criteria were counted.