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appeal dismissedArts20230 criteria counted

Film Director and Producer

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 Film Director and Producer (Arts), 2023. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 0 were counted; not counted: Awards, Original contribution, Exhibitions, Leading role.

What this case shows

Bottom line: the EB-1A denial stands. Of the 4 EB-1A criteria claimed, 0 were counted. The criteria were enough to reach final merits, but on the totality of the evidence the petitioner fell short of the extraordinary-ability standard - 3+ criteria alone do not guarantee approval.

EB-1A criteria in this case

  • Awardsnot counted
  • Membershipnot claimed
  • Published material about younot claimed
  • Judgingnot claimed
  • Original contributionnot counted
  • Scholarly authorshipnot claimed
  • Exhibitionsnot counted
  • Leading rolenot counted
  • High remunerationnot claimed
  • Commercial successnot claimed
  • Comparable evidencenot claimed

Why these criteria usually go uncounted

The through-line of the appeals base: in 81% of decisions the AAO names the same problem - assertions not backed by sufficient evidence - and 45% of cases are lost at the final-merits totality assessment. Below is how each criterion not counted here fares across the whole base.

Awards

Across the appeals base this criterion was argued in 677 cases and counted in 129 (19%). Typical AAO objection: "Awards not nationally/internationally recognized". Counted when the award shows national/international reach: rules, jury makeup, scale of the competition.

Original contribution

Across the appeals base this criterion was argued in 642 cases and counted in 105 (16%). Typical AAO objection: "Original contribution: impact not shown". Counted when the contribution’s impact is shown: adoption, citation, use by others.

Exhibitions

Across the appeals base this criterion was argued in 226 cases and counted in 149 (66%). Counts showing work at artistic exhibitions, with venue, dates and proof of participation.

Leading role

Across the appeals base this criterion was argued in 624 cases and counted in 256 (41%). Counted when the organization is known and the role is leading or key, per the org chart and letters.

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:

CriterionIn this caseCounted in the fieldHow objections were answered
Awardsnot counted44 of 236 (19%)breakdowns for this criterion (7)
Original contributionnot counted14 of 119 (12%)breakdowns for this criterion (7)
Exhibitionsnot counted130 of 160 (81%)breakdowns for this criterion (6)
Leading rolenot counted45 of 161 (28%)breakdowns for this criterion (7)

Counted over our base of published AAO decisions; all Arts appeals.

From the AAO decision (source, EN)

The petitioner failed to meet the initial evidence requirements by not demonstrating a major, internationally recognized award or meeting at least three of the alternative criteria. Specifically, the evidence regarding awards was insufficient to prove national or international recognition, claims of original contributions lacked sufficient support, and evidence of a leading/critical role was not adequately substantiated.

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 August 24, 2023 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?
Criteria claimed: 4, counted: 0; not counted: Awards, Original contribution, Exhibitions, Leading role.
How did this appeal end?
The appeal was dismissed - the denial stands. Most EB-1A AAO appeals end this way (~80% of our base).
Did the case reach the final-merits stage?
Yes, but on the final-merits totality assessment the petitioner fell short - the criteria were only the entry gate.

The criteria not counted here - typical objections and how to respond:

Related

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Same outcome in other fields

This is an anonymized public decision of the USCIS Administrative Appeals Office (AAO), shown for reference. Not legal advice and not a guarantee of your own outcome; every case is decided on its own facts.