AAO research

AAO EB-1A decision MAY022024_01B2203: Published material about the person

AAO EB-1A decision MAY022024_01B2203: Published material about the person

EB-1A published material about the person — AAO decision MAY022024_01B2203: Appeal dismissed. Review source status, procedural posture and the official…

Decision summary: The AAO Appeal dismissed The director’s artistic-display finding stands, but four challenged criteria (published material, scholarly authorship, leading/critical role and high salary) fail. No one-time award and fewer than three criteria; the decision expressly says a formal final-merits determination is unnecessary, while noting the aggregate record does not support sustained acclaim.

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: The physical source identifies an AAO appeal concerning an EB-1A extraordinary-ability Form I-140.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

MAY022024_01B2203

Decision date as printed

May 2, 2024

Classification / field stated in source

EB-1A extraordinary ability (Form I-140)

Procedural posture

Nonprecedent AAO appeal from Nebraska Service Center denial of EB-1A Form I-140; petitioner seeks classification as a cinematographer; appeal dismissed.

Operative disposition

Appeal dismissed

Final-merits status

The decision does not reach a separate formal final-merits determination because the threshold of three initial evidentiary criteria was not met. Where noted, the AAO separately discusses aggregate acclaim in its overall eligibility conclusion; this is distinguished from a reached formal final-merits stage.

What the AAO decision addressed

The director’s artistic-display finding stands, but four challenged criteria (published material, scholarly authorship, leading/critical role and high salary) fail. No one-time award and fewer than three criteria; the decision expressly says a formal final-merits determination is unnecessary, while noting the aggregate record does not support sustained acclaim.

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

Not considered — source PDF

Membership

Not considered — source PDF

Published material about the person

Not met — p. 3, p. 4, p. 5

Judging the work of others

Not considered — source PDF

Original contributions of major significance

Not considered — source PDF

Scholarly authorship

Not met — p. 4, p. 5

Artistic display or showcases

met — p. 1, p. 2

Leading or critical role

Not met — p. 5, p. 6, p. 7

High salary or remuneration

Not met — p. 7, p. 8, p. 9

Commercial success in the performing arts

Not considered — source PDF

Source-cited findings recorded in review

  • claim: The petitioner is a cinematographer who worked in Kazakhstan film/television beginning in 2013 and later on U.S. film/television projects; the record includes acting/production-assistant work.; evidence_pages: 1; 2

  • claim: The director found artistic display met; the AAO finds online articles and broadcast screenshots do not establish major-media coverage about the petitioner, and article authorship is not adequately attributed.; evidence_pages: 2; 3; 4; 5

  • claim: Letters about projects do not establish a leading/critical role at filing; later projects are post-filing. Salary documents do not establish actual earnings or a field-appropriate comparison.; evidence_pages: 5; 6; 7; 8; 9

  • claim: AAO states that fewer than three criteria are met and it need not provide a formal final-merits determination; its aggregate review does not support sustained acclaim; appeal dismissed.; evidence_pages: 9

How this record may be used in research

Comparison scope: Eligible with caveats

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Awards research

  • Membership research

  • Published material about the person research

  • Judging the work of others research

  • Original contributions of major significance research

  • Scholarly authorship research

  • Artistic display or showcases research

  • Leading or critical role research

  • High salary or remuneration research

  • Commercial success in the performing arts research

  • Performance sector research

  • Threshold research

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Primary source

Official USCIS AAO decision PDF for MAY022024_01B2203