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appeal dismissedArts20220 criteria counted

Music (Violinist)

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 (Violinist) (Arts), 2022. 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.

What this case shows

Bottom line: the EB-1A denial stands. Of the 0 EB-1A criteria claimed, 0 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 younot claimed
  • Judgingnot claimed
  • Original contributionnot claimed
  • Scholarly authorshipnot claimed
  • Exhibitionsnot claimed
  • Leading rolenot claimed
  • High remunerationnot claimed
  • Commercial successnot claimed
  • Comparable evidencenot claimed

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 motion to reconsider was dismissed because it did not establish an incorrect application of law or policy, and did not overcome the finding of willful misrepresentation of material facts regarding prior employment and recording career. The petitioner failed to cite applicable authority to support her claims.

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 2, 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: 0, counted: 0.
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?
No - the case did not reach final merits: fewer than the required 3 criteria were counted.

Related

Similar appeals

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.