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Explore visasEB-1ACommon RFE topics

Specific evidence

Commercial success in the performing arts

Whether sales or box office results show commercial success compared with others in the performing arts.

What USCIS is questioning

  • Whether box office receipts or sales show commercial success in the performing arts relative to others in similar work.[1,2]

The legal standard

  • 8 CFR 204.5(h)(3)(x) covers commercial successes in the performing arts, shown by box office receipts or record, cassette, compact disk, or video sales.[2]
  • The Policy Manual focuses on the volume of sales and receipts; having recorded, released, or performed in productions is not enough by itself.[1]

How the request usually reads

  • Interpretation An RFE on this criterion typically says the record shows releases or performances but not sales or box office figures showing commercial success compared with others.[1,3]

Evidence petitioners often provide

  • Interpretation Box office reports, sales figures from reliable industry sources, chart rankings, and comparisons with others doing similar work.[1]

Where responses go wrong

  • Showing that a work exists or was performed, without sales or receipts relative to others, does not meet the criterion.[1]

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

  1. 1.USCIS Policy Manual, Volume 6, Part F, Chapter 2 — Extraordinary AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  2. 2.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  3. 3.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026