AAO research

AAO EB-1A decision AUG232016_03B2203

Evidence must directly satisfy each EB‑1A regulatory criterion; generic or indirect materials (e.g., teaching manuals, firm memberships, or unrelated income) will not meet the burden of proof. Evidence that the commercial success pertains to a performing‑arts activity.; Salary comparisons or expert

Decision Snapshot

Field Value --- --- Decision ID AUG232016_03B2203 Decision date 2016-08-23 Outcome dismissed Field or occupation Not stated in the extracted decision plan. Final merits discussed No / not stated

Criteria Discussed

  • commercial_success

  • high_salary

  • judging

  • leading_critical_role

  • membership

  • original_contributions

  • scholarly_articles

Criteria Accepted

Not stated in the extracted decision plan.

Criteria Rejected

  • commercial_success

  • high_salary

  • judging

  • leading_critical_role

  • membership

  • original_contributions

  • scholarly_articles

Core Lesson

Evidence must directly satisfy each EB‑1A regulatory criterion; generic or indirect materials (e.g., teaching manuals, firm memberships, or unrelated income) will not meet the burden of proof.

Evidence Issue

  • Evidence that the commercial success pertains to a performing‑arts activity.

  • Salary comparisons or expert testimony showing the petitioner’s earnings are significantly higher than the norm in the field.

  • Documentation (e.g., invitation letters, judging panels, published results) proving the petitioner actually judged the work of others.

  • Proof that the petitioner held a leading or critical role in an organization with a distinguished reputation.

  • Personal membership in a recognized professional association, not merely firm membership.

  • Independent citations, reviews, or impact metrics demonstrating the manual’s major significance in the options‑market field.

  • Publication in a peer‑reviewed journal or other recognized scholarly outlet to satisfy the scholarly‑articles criterion.

How This Connects

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Source Note

Non-precedent AAO decisions are used as evidence examples. They are not binding authority and do not predict any individual case.