Published AAO appeal decisions

Classical music composer seeking EB-1A extraordinary ability classification. Petitioner met three initial criteria but failed final merits step. AAO held beneficiary did not sufficiently contextualize or compare accomplishments to other renowned composers to show sustained acclaim and elite status.

Artist/performer seeking EB-1A extraordinary ability classification. Claimed published material, leading role, and high salary criteria. AAO held publications do not qualify as professional or major media; criteria raised for first time on appeal not considered; beneficiary cannot meet three-criterion threshold.

A wedding dress designer claimed six EB-1A criteria. AAO withdrew USCIS findings on three criteria and found none met. Published materials, exhibitions, and leading role determinations lacked sufficient evidence. Petitioner failed to establish three criteria threshold for extraordinary ability.

A property management company sponsored a graphic designer under the EB-2 advanced degree category, not a national interest waiver. After approval was revoked for lack of intent to employ full-time and inability to pay, the AAO found those grounds unsupported but noted missing ability-to-pay evidence for the priority date year, and remanded.

A restaurant petitioned to classify a mixologist as O-1A extraordinary ability. The petitioner initially claimed O-1A (sciences, education, business, athletics) but later argued mixology is O-1B (arts). The AAO dismissed the appeal because the petition was filed under O-1A, which does not cover arts; the petitioner cannot change classifications mid-process and must satisfy the category claimed at filing.

A tattoo arts studio petitioned for O-1A classification for a tattoo artist. The petitioner claimed extraordinary ability through a 2022 award and lead performances at multiple events. The AAO found the award lacked standing and that participation in events did not demonstrate starring or lead roles, dismissing the appeal.

A bakery and pastry chef sought EB-2 national interest waiver. The AAO dismissed, finding the proposed bakery operation lacked national importance required under Dhanasar. The endeavor would benefit only direct customers without broader implications or significant employment impact on a national level.

Tattoo studio petitioned for O-1A classification for tattoo artist beneficiary. AAO determined beneficiary met at least three evidentiary criteria despite SCOPS finding only two. Decision withdrawn and remanded for SCOPS to evaluate totality of evidence and determine whether beneficiary demonstrated sustained national or international acclaim in the arts.

Video game developer petitioned for senior animator as extraordinary ability in arts. SCOPS found beneficiary met one criterion (judging); AAO dismissed, holding beneficiary met only judging criterion and failed to establish sustained national or international acclaim or elite status.

Dance choreographer sponsored by dance studio for O-1A visa. Claimed significant awards and multiple evidentiary criteria. AAO affirmed denial, finding insufficient evidence of nationally or internationally recognized award and failure to meet at least three alternative criteria required for extraordinary ability.

Artistic director and drama teacher seeks O-1A classification. Petitioner claimed eligibility under multiple criteria but established only one. Director found insufficient evidence of lead roles in distinguished productions and inadequate testimonials from recognized experts. Appeal dismissed as beneficiary did not meet minimum three-criterion requirement.

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.

A filmmaker sought EB-2 classification with a national interest waiver for operating a content production company addressing social issues. The AAO dismissed the appeal, finding the endeavor lacks national importance despite substantial merit; it benefits only the petitioner's immediate employer and clients without broader implications for the documentary filmmaking field.

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.

Architect sought NIW for EB-2 classification. AAO dismissed the appeal due to invalid electronic signatures on appeal forms (I-290B and G-28) not meeting regulatory requirements for original signatures. Additionally, petitioner failed to contest Director's adverse finding on the dispositive second prong of Dhanasar analysis.

Restaurant petitioned for O-1A classification of executive chef claiming extraordinary ability in the culinary arts. AAO dismissed appeal because beneficiary failed to establish any of the required evidentiary criteria, with evidence containing credibility and consistency issues.

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 creative technologist employed in interactive multimedia displays petitioned for EB-1A classification. Two criteria were met: critical role and exhibitions. The AAO dismissed the appeal because only two of three required criteria were satisfied and final merits showed no sustained national or international acclaim at the very top level.

Art museum petitioned for associate curator beneficiary for O-1A extraordinary ability. AAO dismissed appeal, finding no significant national or international award and failure to meet three of six alternate criteria; comparable evidence argument rejected.