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appeal sustainedArts20215 criteria counted

Music (Musician, Composer, Music 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 Music (Musician, Composer, Music Producer) (Arts), 2021. The appeal was appeal sustained, and on the final-merits determination the petitioner met the standard. Of the regulatory criteria, 5 were counted: Awards, Membership, Published material about you, Judging, Commercial success.

What this case shows

Bottom line: the appeal was sustained - a rare outcome in the appeals base. Of the 5 EB-1A criteria claimed, 5 were counted. The petitioner also passed the final-merits totality assessment - both the criteria and the overall extraordinary-ability standard.

EB-1A criteria in this case

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
Awardscounted44 of 236 (19%)breakdowns for this criterion (7)
Membershipcounted15 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)
Commercial successcounted6 of 53 (11%)-

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

How to read this case

No claimed criterion here is marked "not counted", and the petitioner passed the final-merits totality assessment - one of the rare winning outcomes in the base (AAO appeals are sustained in roughly 3% of cases). Study which criteria were counted and compare them with your own evidence set.

From the AAO decision (source, EN)

The initial denial was based on the conclusion that the record did not establish that the Petitioner had satisfied at least three of the ten initial evidentiary criteria. The AAO found that the Petitioner met five criteria, sustaining the appeal.

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 26, 2021 (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: 5 (Awards, Membership, Published material about you, Judging, Commercial success).
How did this appeal end?
The appeal was sustained - the denial was overturned in the petitioner's favor. A rare outcome: about 3% of our base.
Did the case reach the final-merits stage?
Yes, and on the totality assessment the petitioner met the extraordinary-ability standard.

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.