Published AAO appeal decisions

A video game production company sought EB-1A classification for an environment concept art lead. The petitioner claimed five criteria on appeal. The AAO found only the critical role criterion met. Insufficient evidence of three required criteria led the AAO to dismiss the appeal.

Dance studio petitioned for dance instructor beneficiary for O-1A classification. Service center found one criterion met. AAO affirmed that beneficiary met only one criterion and rejected original contributions claim based on lack of evidence of major significance. Petition dismissed as beneficiary failed to satisfy three-criterion requirement.

Interior design firm petitioned for founder/principal designer claiming EB-1A extraordinary ability. Met no initial three criteria: awards, judging, original contributions, and salary all failed. Prior O-1B approvals did not override stricter immigrant standards. Final merits analysis found insufficient acclaim for top percentage status.

Executive sous chef in O-1 visa status sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met none of three analyzed criteria: published material lacked evidence of being about him, high salary fell below top earners, and evidence insufficient for leading or critical role finding.

A restaurant employer sponsored an executive chef with 14 years of experience and United Kingdom culinary training for EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the beneficiary met only one of ten evidentiary criteria and the record lacks evidence of sustained national or international acclaim required for extraordinary ability status.

A boutique pastry shop petitioned to classify its executive head pastry chef under O-1A extraordinary ability. The beneficiary claimed five criteria. The AAO found recommendation letters do not constitute required evidentiary forms, online publication does not meet major publication standard, and salary evidence was insufficient, dismissing the appeal.

A newspaper petitioned for a graphics and multimedia editor as extraordinary ability alien. Beneficiary claimed awards, published material, original contributions, leading role, and high salary. AAO dismissed, finding no major award and only two criteria met, but three required; work shows team contribution, not individual sustained acclaim at field's top.

Digital graphics designer employed by a company seeks EB-1A classification claiming awards, published material, leading role, and high salary. AAO found only leading role criterion met. Award lacked proof of national recognition, articles were about company not individual, and salary lacked comparative evidence. Appeal dismissed.

Record label petitions for creative director as EB-1A extraordinary ability in arts. Beneficiary met two criteria (leading role, high salary) but petition failed because petitioner could not demonstrate three minimum criteria: awards were not nationally recognized, membership lacked evidence of outstanding achievement requirements, and published material lacked proper documentation.

A car restoration company sponsored a Brazilian restoration designer and fabricator for O-1A visa. Director found one criterion met (significant recognition). Petitioner claimed five others on appeal. AAO found none met: no evidence of future lead role, no national recognition in major publications, no commercial success, and prospective salary not demonstrably high for the field.

An architect with over 25 years experience sought EB-1A classification. The AAO found four criteria met: published material, exhibitions, leading role for distinguished organization, and high salary. The aggregate evidence demonstrated sustained national acclaim and placement among the very top of the field.

Performer in performing arts sought EB-1A extraordinary ability classification. AAO found only one criterion met (leading critical role), falling short of three required. Awards lacked documentation, salary and commercial success unproven, published material lacking. Appeal dismissed.

Senior game designer sought EB-1A classification. Met only scholarly articles criterion. AAO found prior approval notice was issued in error by computer without favorable adjudication. Evidence insufficient to show sustained national or international acclaim. Appeal dismissed.