Visual Effects Producer (Motion Pictures)
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 Visual Effects Producer (Motion Pictures) (Other), 2020. 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; not counted: Membership, Original contribution, Exhibitions, Leading role, Commercial success, Comparable evidence.
What this case shows
Bottom line: the EB-1A denial stands. Of the 6 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 counted
- Published material about younot claimed
- Judgingnot claimed
- Original contributionnot counted
- Scholarly authorshipnot claimed
- Exhibitionsnot counted
- Leading rolenot counted
- High remunerationnot claimed
- Commercial successnot counted
- Comparable evidencenot counted
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.
Membership
Across the appeals base this criterion was argued in 496 cases and counted in 58 (12%). Typical AAO objection: "Membership does not require outstanding achievement". Counted when membership requires outstanding achievement judged by experts, not just a fee.
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.
Exhibitions
Across the appeals base this criterion was argued in 226 cases and counted in 149 (66%). Counts showing work at artistic exhibitions, with venue, dates and proof of participation.
Leading role
Across the appeals base this criterion was argued in 624 cases and counted in 256 (41%). Counted when the organization is known and the role is leading or key, per the org chart and letters.
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.
Comparable evidence
Across the appeals base this criterion was argued in 64 cases and counted in 1 (2%).
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 | not counted | 7 of 92 (8%) | breakdowns for this criterion (6) |
| Original contribution | not counted | 17 of 117 (15%) | breakdowns for this criterion (7) |
| Exhibitions | not counted | 9 of 22 (41%) | breakdowns for this criterion (6) |
| Leading role | not counted | 50 of 117 (43%) | breakdowns for this criterion (7) |
| Commercial success | not counted | 0 of 12 (0%) | - |
| Comparable evidence | not counted | 0 of 12 (0%) | - |
Counted over our base of published AAO decisions; all Other appeals.
From the AAO decision (source, EN)
The petitioner failed to meet at least three of the evidentiary criteria required to demonstrate extraordinary ability, and the evidence presented did not establish sustained national or international acclaim or that he is among the small percentage at the very top of his 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 May 29, 2020 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 6, counted: 0; not counted: Membership, Original contribution, Exhibitions, Leading role, Commercial success, Comparable evidence.
- 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.
The criteria not counted here - typical objections and how to respond: