This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner satisfied only two of the required three evidentiary criteria (judging and artistic display), falling short of the minimum threshold for EB-1A classification.
1 more criterion would trigger a full merits review.
The petitioner, a Brazilian professional guitarist and creator of online guitar courses, sought EB-1A extraordinary ability classification but was denied by SCOPS and had his appeal dismissed by the AAO. He satisfied only two of the required three evidentiary criteria — judging (participation in a music competition) and artistic display (performances at music conferences). His claims for lesser awards, qualifying membership, published materials, original contributions of major significance, and commercial success in the performing arts all failed. Key weaknesses included a participation certificate that was not a true award, membership organizations that did not require outstanding achievements, online articles lacking circulation data, reference letters that were too general and uncorroborated, and online course sales that could not be compared to others in similar pursuits. The AAO also noted in its advisory final merits review that the record showed some success but not sustained national or international acclaim at the level required.
What worked: Petitioner successfully proved two criteria: (1) he served as a judge in a sponsored guitar music competition, and (2) he performed as a featured artist at music conferences and venues. These were undisputed.
What failed: 1. The participation certificate from a major music awards body was not a qualifying award because petitioner was not a named winner, did not appear on stage, and had to personally request the certificate. 2. Membership evidence failed because the Brazilian musicians' union admits members through multiple routes without requiring outstanding achievements. 3. Reference letters praising the petitioner's impact as a music educator lacked specific, corroborated evidence of field-wide major significance. 4. Online course sales data lacked comparative context to show commercial success relative to peers.
Takeaway: When claiming original contributions of major significance, petitioners must submit concrete, corroborated evidence of field-wide impact — not just strong testimonial letters. When claiming awards, ensure the specific recognition received (not just association with a winning project) meets the criterion's requirements, including automatic receipt and public naming as a winner.
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
- Petitioner successfully proved two criteria: (1) he served as a judge in a sponsored guitar music competition, and (2) he performed as a featured artist at music conferences and venues
- These were undisputed.
● Evidence that wasn't enough alone
- The participation certificate from a major music awards body was not a qualifying award because petitioner was not a named winner, did not appear on stage, and had to personally request the certificate
- Membership evidence failed because the Brazilian musicians' union admits members through multiple routes without requiring outstanding achievements
- Reference letters praising the petitioner's impact as a music educator lacked specific, corroborated evidence of field-wide major significance
- Online course sales data lacked comparative context to show commercial success relative to peers.
Criterion-by-criterion breakdown
Lesser nationally or internationally recognized prizes or awards
Not metPetitioner received a participation certificate from a major music awards institution for contributing as a guitarist to a winning album, but this did not qualify as a 'team award' under Policy Manual guidance because he did not receive the trophy, did not appear on stage, and was not named in the award announcement. He had to personally request the certificate by mail.
Membership in associations requiring outstanding achievement
Not metMembership in a Brazilian musicians' union did not require outstanding achievements judged by recognized national/international experts — multiple paths to membership exist including post-secondary degrees. Latin Recording Academy membership was acquired after filing and thus excluded under 8 C.F.R. § 103.2(b)(1).
Published material about the person
Not metTwo online articles about petitioner were submitted but lacked objective circulation, readership, or viewership data to qualify the publications as 'major media.' Petitioner claimed to have submitted audience data but that evidence was not found in the record.
Judging the work of others
MetPetitioner documented participation as a judge in a sponsored music competition for guitarists. Both SCOPS and AAO agreed this criterion was satisfied.
Original contributions of major significance
Not metPetitioner developed a guitar education system with e-books and 300+ recorded lessons and over 9,000 course sales, but reference letters lacked sufficient corroborating context and objective evidence did not establish major significance or transformative impact on the broader field of music or music education.
Display of work at artistic exhibitions or showcases
MetPetitioner established that he has been showcased as a performer at music conferences and other venues. Both SCOPS and AAO agreed this criterion was satisfied.
Commercial successes in the performing arts
Not metOnline guitar course sales (2,500+ on one platform, 6,500+ on another) and brand licensing agreements did not satisfy the plain language requiring box office receipts or record/cassette/CD/video sales, and no comparative context was provided to show success 'relative to others involved in similar pursuits.'
Certificate of participation as a judge in a music competition for guitarists (criterion iv met)
Evidence of performances at music conferences and venues (criterion vii met)
Sales records showing over 2,500 transactions on one platform and 6,556 on another for online guitar courses
Published articles referencing students of petitioner who achieved some national recognition
Participation certificate from major music awards institution — not equivalent to a team award because petitioner was not named in award announcement and had to personally request the certificate
Brazilian musicians' union (OMB) membership — union admits members through multiple paths including degrees, not requiring outstanding achievements
Latin Recording Academy associate membership acquired after petition filing date
Two online articles about petitioner — no circulation/readership data submitted to qualify publications as major media
Reference letters from music professionals regarding original contributions — deemed general and lacking corroborating objective evidence of major significance
Letters from church pastors regarding contributions — not from field experts and addressed community-level impact rather than field-wide significance
Brand sponsorship and licensing agreements — too far removed from plain language of commercial success criterion (box office receipts/record sales)
Platform recognition award (equivalent of 'Red Belt') — shown to be entry-level status in tiered program, not top-tier
No legal errors were found by the AAO in SCOPS' analysis — all SCOPS denials on individual criteria were upheld
AAO disagreed with Petitioner's argument that SCOPS erred by excluding post-filing Latin Recording Academy membership evidence, finding the exclusion proper under 8 C.F.R. § 103.2(b)(1)
Completed
I-140 filed
Professional guitarist and online music educator who performs and sells guitar instruction courses
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-03-23
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner satisfied only two of the required three evidentiary criteria (judging and artistic display), falling short of the minimum threshold for EB-1A classification.
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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