Regulatory language: "Evidence satisfying criterion x under the EB-1A regulatory framework." — 8 CFR 204.5(h)(3)(x)
Sustained · 2021 Director denied this criterion; AAO reversed, finding that Gold and Double Platinum certifications for a co-produced album, combined with personal plaque and credited co-producer role, established the petitioner's contribution to commercial success in the performing arts.
Remanded · 2026 AAO reversed SCOPS; animated film with $30M budget achieved ~$109M gross in 2500+ theaters worldwide; industry source rankings showed relative box office performance among animated films and all genres, domestically and internationally.
Dismissed · 2019 Band achieved gold, platinum, double, triple, and quadruple platinum album sales; AAO agreed with Director that criterion was met based on petitioner's membership during the band's peak commercial period.
Dismissed · 2016 Director found met; AAO did not disturb finding. Petitioner produced profitable multi-country tours with gross value over $10 million (though actual ticket sales not fully documented).
Dismissed · 2024 PayPal payments and Hotmart sales reports lacked context. Revenue from bass courses was distinguished from music sales. YouTube views and social media followers lacked comparative basis. Charity fundraiser revenue could not be solely attributed to petitioner's performance. Some evidence post-dated the March 2023 filing date and was therefore ineligible.
Dismissed · 2026 Online 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.'
Dismissed · 2023 Petitioner's involvement in direction, photography, and production of commercially successful music videos is not the same as the petitioner's own commercial success as a performing artist. Issue also considered partially abandoned as petitioner did not directly address the Director's reasoning on appeal.
Dismissed · 2015 Petitioner claimed this criterion and/or comparable evidence under 8 C.F.R. § 204.5(h)(4). AAO found makeup artist/stylist is not in the performing arts, and no evidence comparable to box office receipts or sales figures was submitted; only conclusory letters without supporting financial documentation.
Director denied this criterion; AAO reversed, finding that Gold and Double Platinum certifications for a co-produced album, combined with personal plaque and credited co-producer role, established the petitioner's contribution to commercial success in the performing arts.
AAO reversed Director's conclusion that petitioner is not in the performing arts (acting in sketches qualifies), but found no actual revenue documentation; estimated earnings from analytics website were explicitly labeled as estimates and not actual income records.
AAO reversed Director's finding that criterion was met; box office figures ($42,346 and $81,940) were from small theater companies and not compared to receipts of similar productions, making commercial success relative to others unestablished.
AAO reversed SCOPS; animated film with $30M budget achieved ~$109M gross in 2500+ theaters worldwide; industry source rankings showed relative box office performance among animated films and all genres, domestically and internationally.
An experienced French film and TV director won his EB-1A appeal after the AAO found he met three evidentiary criteria —
A Filipino guitarist's EB-1A petition was dismissed because, although he met three initial criteria, he could not show s
A musician and music producer's EB-1A appeal was sustained after the AAO found he met four extraordinary ability criteri
A music producer appealing a denial of his EB-1A extraordinary ability petition had his appeal dismissed. Although he me
The AAO remanded an EB-1A petition by a theatrical producer after finding the Director's final merits analysis was incom
A Chinese actress's EB-1A petition was dismissed after the AAO found that meeting three evidentiary criteria was not eno
An EB-1A petition filed by a songwriter, musician, and producer was dismissed after the AAO found he met only two of the
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