Published AAO appeal decisions

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.

A video production and advertising company petitioned for O-1A classification for a director of videography and producer. AAO dismissed appeal, finding beneficiary failed to meet evidentiary criteria: awards were employer's not beneficiary's; future distinguished employment not established; published material and salary evidence insufficient.

A ballet company petitioned for O-1A classification for a principal dancer. The petitioner claimed the beneficiary met at least three of six regulatory criteria through awards, publications, and critical roles. The AAO held none were satisfied: awards were limited to student-age competitors, no major publications documented the beneficiary, and past roles were student performances rather than professional lead roles. Appeal dismissed.

A college television station petitioned for a cinematographer and broadcast associate as an artist of extraordinary ability. The appeals office found two criteria satisfied, exhibitions and critical role, and withdrew the director's judging finding. Awards, published material and original contributions failed, so the minimum of three was not reached and the appeal was dismissed.

A talent management business sought O-1 classification for a singer and performer in the arts, which is not O-1A. The director denied the petition for lack of extraordinary ability evidence and missing contracts and itinerary. The AAO summarily dismissed the appeal because no specific error was identified and no promised brief was filed.

A film and television producer was the beneficiary of an O-1 petition filed by a production company. The director revoked approval for lack of extraordinary achievement. The AAO withdrew that decision and remanded it so the director could consider the evidence submitted in response to the notice of intent and the petitioner's apparent dissolution.

Film industry professional claimed extraordinary ability based on awards. AAO upheld denial because petitioner failed to provide evidence of award receipt and did not establish awards were major, internationally recognized. Opinion letters from experts not considered under EB-1A criteria.

Performing arts professional claimed extraordinary ability. AAO upheld director's denial, finding only one of multiple claimed criteria met: judging. Awards and published material claims failed under plain language requirements. Burden not met to establish extraordinary ability.

Employer-sponsored petition for performing artist seeking EB-1A extraordinary ability. Petitioner met only one criterion. The AAO affirmed denial, finding insufficient evidence of sustained national or international acclaim and failure to meet the threshold of three evidentiary categories required for final merits determination.

Television drama director sought EB-1A extraordinary ability classification. Although petitioner met one criterion by receiving a nationally recognized award, counsel could not establish three criteria. AAO found evidence insufficient to demonstrate sustained national or international acclaim needed for the small percentage at the very top of the field.

Songwriter and musician sought EB-1A extraordinary ability classification. Counsel asserted all ten regulatory criteria but made frivolous claims. AAO found record did not establish that petitioner distinguished himself to achieve sustained national or international acclaim or placement in small percentage at very top of field.

A musician, guitarist, songwriter and producer filed for EB-1A extraordinary ability. Petitioner submitted album sales plaques but failed to establish they were primarily attributable to his work or constituted nationally recognized awards. The AAO found achievements not persuasively placed him significantly above almost all others in music field.

Female vocalist in Argentina sought extraordinary ability based on international song festival award and published materials. AAO dismissed finding no primary award evidence, articles lacking national reach, and insufficient evidence of sustained acclaim at top level.

Film and theater performer sought EB-1A classification through awards, membership, leading roles, and commercial success. AAO dismissed appeal, finding only one criterion met and evidence insufficient to show petitioner among small percentage at top of field.

Singer claimed extraordinary ability in arts through 1986 international award, lesser prizes, and media mentions. Decision found limited success during 1986–1988 but no sustained national or international acclaim at field's apex. Multiple criteria unmet; petition dismissed.

Acrobatic performer claimed extraordinary ability through awards, publications, and original contributions. AAO found awards not nationally recognized, publications lacked major-media status, but original contribution criterion met through evidence of innovative style. Overall record failed to meet three-criterion threshold or demonstrate sustained international acclaim at highest level.

Russian performer claiming extraordinary ability in theater and music. AAO found awards met one criterion but published material and critical role claims failed; local media coverage insufficient. Evidence did not establish sustained national or international acclaim at top level despite awards.