Published AAO appeal decisions

A tennis academy petitioned for a coaching professional seeking O-1A extraordinary ability in athletics. The applicant claimed awards and membership criteria based on scholarships and organization participation but the AAO found neither satisfied the regulatory threshold. The appeal was dismissed because fewer than three evidentiary criteria were met and overall evidence did not demonstrate the small percentage at the field's top.

A dance studio sought O-1 arts classification for a competitive ballroom dancer who would compete and teach. The AAO dismissed the appeal. It found the field is athletics, so the arts classification was wrong. It also found the arts evidentiary criteria unmet and no showing that instruction falls within his area of ability.

Biostatistician petitioner sought NIW for EB-2 classification based on work on pediatric HIV clinical trials. AAO sustained appeal, finding all three Dhanasar prongs satisfied: proposed endeavor has substantial merit and national importance, petitioner well positioned to advance it, and national interest favors waiving job offer requirement.

A sculptor seeks O-1A visa. The decision affirms dismissal of the appeal on a motion to reconsider, finding the petitioner failed to meet evidentiary criteria for awards or critical roles, did not submit qualifying comparable evidence, and provided insufficient detail about employment terms and scheduled activities.

A Brazilian jiu-jitsu gym petitioned for O-1 classification for a jiu-jitsu coach. The AAO dismissed, finding the beneficiary failed to meet three evidentiary criteria: awards lacked documentation of national or international recognition, memberships did not require recognized expert evaluation, and published materials were instructional videos rather than professional publications.

Physician with advanced degree sought NIW to continue cancer research and clinical practice, developing evidence-based staging guidelines. Petitioner established all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned by experience and expertise, and waiver benefits United States. Appeal sustained.

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 boxing gym petitioned for an O-1A visa for a boxer claiming extraordinary ability in athletics. The AAO dismissed the appeal because the petitioner failed to provide required written advisory opinion consultation and did not demonstrate three of eight evidentiary criteria, with evidence also deficient in translations.

A taekwondo studio petitioned for O-1A classification for a taekwondo master. The petitioner claimed awards and membership criteria but failed to establish either through sufficient evidence. The decision also found no proper contract and itinerary for the requested employment period. Appeal dismissed for failure to meet three of eight criteria.

Data scientist employed by software company sought extraordinary ability classification. Met judging and scholarly articles criteria. AAO dismissed appeal, finding the aggregate evidence—including moderate citations, completed projects, and above-median salary—insufficient to establish sustained national or international acclaim.

Fashion model agency petitions for beneficiary model for O-1A extraordinary ability. Director denied based on falsified document submission. AAO found petitioner resolved falsification concerns and remanded for substantive review of extraordinary ability claims.

A fencing club petitioned for a fencing coach's O-1A classification. The beneficiary claimed extraordinary ability based on competitive fencing awards, coaching accomplishments, and refereeing experience. The AAO found only the judging criterion met; awards predated his coaching career and student achievements did not satisfy his own recognition requirement. Appeal dismissed.

A food manufacturing company petitioned for its beneficiary as an EB-1A extraordinary ability individual in business. The AAO summarily dismissed the appeal because the employer failed to identify specific erroneous conclusions in the service center denial and provided no additional evidence regarding the beneficiary's qualification.

Tennis academy sought O-1A classification for beneficiary tennis coach. AAO found beneficiary lacked major international award and failed to satisfy three of eight evidentiary criteria, particularly regarding awards under comparable evidence standard and membership in qualifying associations.

University petitioned for software engineer's EB-2 national interest waiver. Engineer designed web interface for high-performance computing platform supporting scientific research. Decision found substantial merit, national importance of cyberinfrastructure project, strong positioning to advance it, and net benefit to United States from waiving labor certification.