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appeal dismissedArts20203 criteria counted

Filmmaking

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 Filmmaking (Arts), 2020. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Published material about you, Judging, Exhibitions; not counted: Awards, Membership.

What this case shows

Bottom line: the EB-1A denial stands. Of the 5 EB-1A criteria claimed, 3 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

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.

Membership

Across the appeals base this criterion was argued in 496 cases and counted in 58 (12%). Typical AAO objection: "Membership does not require outstanding achievement". Counted when membership requires outstanding achievement judged by experts, not just a fee.

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)
Membershipnot counted15 of 126 (12%)breakdowns for this criterion (6)
Published material about youcounted90 of 242 (37%)breakdowns for this criterion (7)
Judgingcounted117 of 162 (72%)breakdowns for this criterion (7)
Exhibitionscounted130 of 160 (81%)breakdowns for this criterion (6)

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

From the AAO decision (source, EN)

The Petitioner has not demonstrated sustained national or international acclaim or that he is among the small percentage of filmmakers at the very top of the field. His most recent award-winning work was approximately nine years prior to the petition filing, and the evidence does not demonstrate continued acclaim.

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 November 27, 2020 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?
Criteria claimed: 5, counted: 3 (Published material about you, Judging, Exhibitions); not counted: Awards, Membership.
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.