Performing Arts
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 Performing Arts (Arts), 2024. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 4 were counted: Published material about you, Judging, Exhibitions, Leading role; not counted: Awards, Original contribution, High remuneration, Commercial success.
What this case shows
Bottom line: the case went back to the officer for another look, not a final decision. Of the 8 EB-1A criteria claimed, 4 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.
EB-1A criteria in this case
- Awardsnot counted
- Membershipnot claimed
- Published material about youcounted
- Judgingcounted
- Original contributionnot counted
- Scholarly authorshipnot claimed
- Exhibitionscounted
- Leading rolecounted
- High remunerationnot counted
- Commercial successnot counted
- 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.
High remuneration
Across the appeals base this criterion was argued in 346 cases and counted in 94 (27%). Counted when pay is compared to the professional and regional average, with a cited source.
Commercial success
Across the appeals base this criterion was argued in 81 cases and counted in 9 (11%). Counts commercial success in the performing arts with numbers: box office, sales, charts.
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:
| Criterion | In this case | Counted in the field | How objections were answered |
|---|---|---|---|
| Awards | not counted | 44 of 236 (19%) | breakdowns for this criterion (7) |
| Published material about you | counted | 90 of 242 (37%) | breakdowns for this criterion (7) |
| Judging | counted | 117 of 162 (72%) | breakdowns for this criterion (7) |
| Original contribution | not counted | 14 of 119 (12%) | breakdowns for this criterion (7) |
| Exhibitions | counted | 130 of 160 (81%) | breakdowns for this criterion (6) |
| Leading role | counted | 45 of 161 (28%) | breakdowns for this criterion (7) |
| High remuneration | not counted | 11 of 80 (14%) | breakdowns for this criterion (7) |
| Commercial success | not counted | 6 of 53 (11%) | - |
Counted over our base of published AAO decisions; all Arts appeals.
From the AAO decision (source, EN)
The Director's decision lacked sufficient analysis in several areas (prizes, contributions, high salary) and did not adequately assess sustained national or international acclaim. The matter is remanded for a new decision consistent with the AAO's analysis.
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 16, 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: 8, counted: 4 (Published material about you, Judging, Exhibitions, Leading role); not counted: Awards, Original contribution, High remuneration, Commercial success.
- 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.
The criteria not counted here - typical objections and how to respond: