Published AAO appeal decisions

An audio-visual agency filed for a cinematographer and drone cameraman with extraordinary ability. The AAO found he met two criteria (judging and exhibitions) but failed the third-criterion threshold and final merits test for sustained acclaim at field leadership level.

Producer of performing arts events in O-1B status sought extraordinary ability classification. Petitioner failed to establish three threshold evidentiary criteria. AAO affirmed denial, finding ABU award not major and publications not scholarly. Final merits determination was reserved because petitioner did not meet initial evidence threshold.

Restaurant petitioned for executive chef's O-1A classification. AAO dismissed motion to reconsider, holding petitioner failed to raise new legal or factual grounds and repeated prior arguments without addressing erroneous application of law.

Restaurant petitioned for O-1A classification for executive chef of extraordinary ability. AAO dismissed appeal because beneficiary failed to demonstrate nomination for significant awards or at least three of six regulatory criteria; evidence of participation in distinguished productions and published recognition was insufficient.

Photography director with sixteen years experience sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner lacked exceptional ability and proposed endeavor failed to satisfy Dhanasar's first prong requiring substantial merit and national importance.

Communications specialist in film and television seeking EB-2 with NIW. Qualified for EB-2 advanced degree category. AAO found proposed work has substantial merit but not national importance; a single communications specialist's benefits too limited to advance field or boost economy nationally.

Music agent petitions for pianist beneficiary for O-1A extraordinary ability. Director found beneficiary did not meet initial evidentiary criteria. AAO affirmed, finding petitioner failed to demonstrate two claimed criteria and did not qualify for comparable evidence consideration.

Entertainment group petitioned for singer beneficiary for O-1A extraordinary ability. Petitioner failed to establish award-status level or three documentation forms, did not properly file for accompanying O-2 beneficiaries, and appeal was dismissed.

Chef beneficiary seeking O-1A nonimmigrant classification for extraordinary ability. Did not receive significant awards, did not demonstrate lead or starring role in distinguished productions, lacked published recognition, and did not show high salary relative to field. Appeal dismissed.

Audio, mixing, and recording engineer sought O-1A nonimmigrant classification through employer sponsor. Petitioner failed to establish award nomination or three of six alternate criteria. Only one criterion met (significant recognition). Lead role performances and required documentation forms not established.

Restaurant and catering business petitioned for culinary director as O-1A extraordinary ability beneficiary. AAO found beneficiary met only one of six possible criteria (high salary) and failed to demonstrate sustained national or international acclaim or distinguished reputation in culinary events, thus denying the petition.

A talent agency petitioned for O-1A classification for a stand-up comedian. The petitioner claimed lead performer status, national recognition, and commercial success. The AAO found the petitioner satisfied fewer than three required evidentiary criteria and dismissed the appeal without reaching the overall sustained acclaim analysis.

Television production and publishing company petitioned for executive editor and journalist beneficiary for O-1A extraordinary ability visa in business. Petitioner claimed seven criteria but failed to establish major internationally recognized award or three alternate criteria. Award lacked recognition, article timing invalid, judging participation unproven. Appeal dismissed.

Theater performer applying for O-1A visa extension. Petitioner claimed four criteria but failed to meet three required. Recognition criterion lacked specific evidence of significant acclaim; high salary claim failed because contract rates and intermittent availability did not support comparable high earnings. Appeal dismissed.

A theater group petitioned for a scenic and projection designer under O-1 classification for extraordinary ability in the arts. The service center denied the petition. On appeal, the AAO found the matter moot because another petitioner's O-1 petition was approved, and dismissed the appeal as abandoned after no response to its notice.

Film production company petitioned for storyboard artist with O-1A extraordinary ability visa. Petitioner claimed at least three evidentiary criteria met but AAO found evidence satisfied fewer than three required criteria: no significant award, no lead role in distinguished productions, insufficient published material recognition.

A contemporary dance company sought O-1A extension for a principal dancer. The beneficiary trained at a university and held O-1 status with multiple prior extensions from 2007 to 2018. However, the visa is coded as O-1A (sciences, education, business, athletics) when the decision concerns arts/dance, which falls under O-1B. This is a miscategorization in the input.

A television production company petitioned for O-1 classification for a television host and producer. The company failed to submit required written consultations from an appropriate labor union and management organization despite two requests for evidence and six weeks to respond. The AAO dismissed the appeal because the consultation requirement was not satisfied, leaving extraordinary ability criteria unanalyzed.

A music production studio petitioned for a composer under O-1, first framed as extraordinary achievement in motion pictures and television, then claimed on appeal as extraordinary ability in the arts. The AAO dismissed the appeal because three criteria were not met and the required management organization consultation was missing.

A violinist seeks EB-1A classification through an employer petitioner. Claimed judging, exhibitions, published material, membership and awards. AAO found three criteria met but dismissed appeal because evidence does not demonstrate sustained international acclaim or placement among the very top violinists.

A fashion model agency petitioned for a model under the O-1 classification for extraordinary ability in the arts. The approved petition was revoked after a support letter proved falsified. The AAO dismissed the appeal because the agency did not resolve the misrepresentation finding, and noted an itinerary concern. This is the arts category, not O-1A.

A talent agency petitioned for a hip-hop/street jazz dancer and instructor for O-1A classification. The agency claimed an award, lead roles in productions, and published material about the beneficiary. The AAO found the award lacked national or international prominence, the dancer was one of several performers rather than lead, and articles did not establish distinguished roles, dismissing the appeal.