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Tattoo Art/Painting

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 Tattoo Art/Painting (Arts), 2022. The appeal was appeal sustained, and on the final-merits determination the petitioner met the standard. Of the regulatory criteria, 7 were counted: Awards, Membership, Published material about you, Judging, Original contribution, Exhibitions, Leading role.

What this case shows

Bottom line: the appeal was sustained - a rare outcome in the appeals base. Of the 7 EB-1A criteria claimed, 7 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)
Original contributioncounted14 of 119 (12%)breakdowns for this criterion (7)
Exhibitionscounted130 of 160 (81%)breakdowns for this criterion (6)
Leading rolecounted45 of 161 (28%)breakdowns for this criterion (7)

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 a finding that the petitioner demonstrated 'bursts of professional popularity and success' rather than sustained national or international acclaim. The AAO found that the petitioner *did* demonstrate sustained acclaim based on media exposure, Instagram followers, and judging at a major tattoo convention.

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 19, 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: 7, counted: 7 (Awards, Membership, Published material about you, Judging, Original contribution, Exhibitions, Leading role).
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.