Movie, Television, and Theatre 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 Movie, Television, and Theatre Direction (Other), 2024. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Membership, Exhibitions, Leading role.
What this case shows
Bottom line: the case went back to the officer for another look, not a final decision. Of the 3 EB-1A criteria claimed, 3 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.
EB-1A criteria in this case
- Awardsnot claimed
- Membershipcounted
- Published material about younot claimed
- Judgingnot claimed
- Original contributionnot claimed
- Scholarly authorshipnot claimed
- Exhibitionscounted
- Leading rolecounted
- High remunerationnot claimed
- Commercial successnot claimed
- Comparable evidencenot claimed
The Other field in the database: 219 appeals
Outcomes in this field: 3 sustained, 40 remanded, 176 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 |
|---|---|---|---|
| Membership | counted | 7 of 92 (8%) | breakdowns for this criterion (6) |
| Exhibitions | counted | 9 of 22 (41%) | breakdowns for this criterion (6) |
| Leading role | counted | 50 of 117 (43%) | breakdowns for this criterion (7) |
Counted over our base of published AAO decisions; all Other 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 initial denial was based on the petitioner not meeting the requirements for extraordinary ability. The AAO found that the petitioner met the criteria for membership in a qualifying association, display of work at artistic exhibitions, and a leading/critical role in distinguished organizations, but a final merits determination is still required to assess sustained national or international acclaim and whether the petitioner is in the top of their field.
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 September 4, 2024 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 3, counted: 3 (Membership, Exhibitions, Leading role).
- 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.