This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to satisfy at least three of the ten regulatory criteria required for EB-1A classification. Only one criterion (leading or critical role) was found met, falling short of the required three.
2 more criteria would trigger a full merits review.
The petitioner, a 3D graphic imagery designer, sought EB-1A classification but failed to meet the minimum threshold of three evidentiary criteria. The AAO reversed the director's favorable finding on the lesser awards criterion, determining that none of the submitted awards were adequately corroborated as nationally or internationally recognized for excellence — the Telly Award relied solely on the awarding entity's own website claims, the employer achievement award lacked independent documentation, and the Supplier of the Year award was granted to an organization rather than to the petitioner individually. The scholarly articles criterion failed because the petitioner's work appeared in promotional materials rather than peer-reviewed publications, and the comparable evidence argument was rejected. The artistic display criterion failed because an NFL football game is not an artistic exhibition or showcase. Only the leading/critical role criterion was found met, leaving the petitioner one criterion short of the required threshold.
What worked: Evidence of the petitioner's critical role for organizations with distinguished reputations — specifically reference letters and supporting documentation for virtual tour and marketing campaign work — successfully established the leading/critical role criterion.
What failed: 1) Award evidence relied on self-promotional claims from the awarding entity without independent corroboration of national or international recognition. 2) Promotional materials displaying the petitioner's 3D imagery were not scholarly articles authored by the petitioner, and the comparable evidence argument failed because the petitioner never explained why the standard criteria were inapplicable. 3) Display of 3D work on video boards at an NFL game was not display at an 'artistic exhibition or showcase' as required by the regulation.
Takeaway: Petitioners must corroborate award prestige with independent, objective evidence rather than relying on the awarding organization's own promotional materials. When seeking comparable evidence under 8 C.F.R. § 204.5(h)(4), petitioners must affirmatively explain why the standard criteria do not apply to their occupation — simply being unable to satisfy a criterion is not sufficient justification.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-1A criteria.
● Evidence that moved the needle
- Evidence of the petitioner's critical role for organizations with distinguished reputations — specifically reference letters and supporting documentation for virtual tour and marketing campaign work — successfully established the leading/critical role criterion.
● Evidence that wasn't enough alone
- 1) Award evidence relied on self-promotional claims from the awarding entity without independent corroboration of national or international recognition
- 2) Promotional materials displaying the petitioner's 3D imagery were not scholarly articles authored by the petitioner, and the comparable evidence argument failed because the petitioner never explained why the standard criteria were inapplicable
- 3) Display of 3D work on video boards at an NFL game was not display at an 'artistic exhibition or showcase' as required by the regulation.
Criterion-by-criterion breakdown
Lesser nationally or internationally recognized prizes or awards
Reversed in their favorDirector had found one award (Telly Award) sufficient to meet criterion; AAO reversed, finding no award met the national/international recognition standard — Telly Award lacked independent corroboration, employer achievement award was not individually awarded to petitioner, and Supplier of the Year award went to an organization not the petitioner. AAO also noted plural 'awards' requires more than one.
Published material about the person
Not metPetitioner abandoned this criterion on appeal by failing to contest the director's findings.
Authorship of scholarly articles
Not metPetitioner's evidence showed images of his work in promotional materials, not scholarly articles authored by the petitioner. Comparable evidence argument rejected because petitioner did not demonstrate the standard criteria were inapplicable to his occupation.
Display of work at artistic exhibitions or showcases
Not metDisplay of 3D imagery on video boards at an NFL football game does not constitute display at an 'artistic exhibition or showcase.' Additional claim of display at a Washington event was insufficiently documented and timing relative to filing was unestablished.
Leading or critical role for distinguished organizations
MetDirector found met; AAO concurred. Petitioner submitted reference letters and evidence demonstrating critical roles for organizations with distinguished reputations in connection with virtual tour and marketing campaign work.
Reference letters detailing petitioner's critical roles for organizations with distinguished reputations in virtual tour and marketing campaign work (supporting leading/critical role criterion).
Documentary evidence establishing that the relevant organizations had distinguished reputations.
Website screenshots from the awarding organization self-describing its own award as 'premier' — found to be unsubstantiated self-promotion without independent corroboration.
Employer achievement certificate — lacked documentation showing it is nationally or internationally recognized for excellence.
Supplier of the Year award — granted to an organization, not individually to the petitioner, and not shown to be recognized beyond the granting company.
Images of petitioner's 3D work published in promotional materials — not authored scholarly articles and not comparable evidence because petitioner did not show the scholarly articles criterion was inapplicable to his occupation.
Display of 3D imagery on NFL video boards — athletic event not an artistic exhibition or showcase.
Unidentified advertisement and screenshots purporting to show display at a Washington art event — insufficient documentation and no proof event predated petition filing.
Director incorrectly found the lesser awards criterion met based solely on the awarding entity's own self-promotional website screenshots without independent corroboration of national or international recognition.
Director did not require more than one nationally or internationally recognized award despite the regulatory criterion using the plural 'prizes or awards.'
Completed
I-140 filed
3D graphic imagery designer specializing in 3D animations and virtual tour marketing campaigns
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2015-01-23
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to satisfy at least three of the ten regulatory criteria required for EB-1A classification. Only one criterion (leading or critical role) was found met, falling short of the required three.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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