The Immigration Department (USCIS) makes mistakes too. Particularly in EB-1A Extraordinary Ability Green Card cases. Unfortunately, it is not unusual.
For the EB-1a Green Card, you initially have to show in at least 3 different criteria established by law that the Applicant is one of the top few in their field. One of these criteria is providing evidence that your work has been displayed at artistic exhibitions or showcases.
In a recently appealed case of a Musical Director that USCIS denied, the Administrative Appeals Office (AAO) corrected a USCIS Officer who found that this criterion is solely for visual artists, not performing artists.
This fact seems clear from the wording of the regulation. However, in practice, when dealing with the agency, we regularly have to interact with officers that have varying levels of understanding of the rules or choose to interpret them differently.
Sometimes an appeal or lawsuit to challenge this, meaning months and thousands of dollars in extra costs.
This is always why it is impossible to guarantee the results of a case because we never know how the government will interpret the facts and the law.
To learn more, join the EB-1A Extraordinary Playbook: a detailed seminar going through the A-Z of the EB-1A process and everything else you need to know about this Green Card category every Friday at 10:30 AM Pacific time for the rest of this quarter.
Just message me with your name and email address to register.
Case: https://www.uscis.gov/sites/default/files/err/B2%20-%20Aliens%20with%20Extraordinary%20Ability/Decisions_Issued_in_2022/MAY312022_01B2203.pdf
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