Published AAO appeal decisions

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.

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 Decision withdrawn and remanded for SCOPS to evaluate totality of evidence and determine whether beneficiary demonstrated sustained national or international acclaim in the arts.

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.

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.

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.

An artist agent, who is also a professor of studio arts, petitioned for a fine artist under the O-1 classification for extraordinary ability in the arts. This is O-1B, not O-1A. The AAO dismissed the appeal because the evidence did not satisfy three of the alternative regulatory criteria.

An architectural designer employed by a real estate development company sought O-1A classification. Petitioner claimed eight criteria but only met two. AAO found published materials insufficient, lead role claim unsupported by evidence that beneficiary merely interned, and testimonials from colleagues lacked demonstrated recognition outside that circle. Appeal dismissed.

Animation designer sought O-1A extraordinary ability classification for nonimmigrant employment extension. Petitioner claimed significant awards and alternative criteria but AAO found awards insufficiently documented and lacked national/international significance. Insufficient documentation of distinguished productions or other required criteria. Appeal dismissed.

A symphony orchestra petitioned to employ a pianist as O-1A nonimmigrant. The petitioner claimed extraordinary ability through awards, lead performer status, published recognition, and commercial success. The AAO found the petitioner failed to demonstrate a significant national or international award and satisfied none of four claimed evidentiary criteria, dismissing the appeal.

A sculptor petitioned to sponsor a painter as O-1A. The AAO dismissed the appeal, finding the petitioner failed to satisfy the evidentiary criteria for extraordinary ability and also failed to detail wage, fee structure, and specific event dates and locations as required.

Art company petitioned to classify a Fluxus artist as O-1A extraordinary ability in the arts. The AAO dismissed, holding the beneficiary did not satisfy the evidentiary threshold; the scholarship and associated persons did not demonstrate the required level of individual distinction, and the criteria for awards and lead roles in distinguished productions were not met.

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.

An art studio/gallery petitioned for an artist beneficiary for O-1A classification. The AAO dismissed the appeal, finding the beneficiary was neither nominated for nor received a qualifying award, and satisfied fewer than three of the six required criteria, failing to demonstrate extraordinary ability in the arts.