Published AAO appeal decisions

A dancer and dance instructor seeks EB-1A classification. The petitioner claimed four criteria, but the AAO found the awards lacked national recognition and judging evidence was deficient. Two other criteria were reserved as not dispositive. The AAO dismissed because petitioner failed to meet either one major award or three of ten criteria, lacking sustained acclaim at the top of the field.

Music event producer claimed six extraordinary ability criteria. Director found only judging criterion met. Petitioner appealed with new evidence on awards, original contributions, and exhibitions. AAO affirmed dismissal: awards lacked field recognition, exhibitions were not artistic in nature, and only one criterion met precluded the three-criterion threshold.

A digital influencer with content on TikTok and YouTube sought EB-1A extraordinary ability classification. Claiming seven criteria, she established none sufficiently. The AAO rejected awards, membership, published material, original contributions, and commercial success findings; high salary and judging were not analyzed. Without three criteria met, she failed the initial requirement and was ineligible.

A visual artist sought EB-1A extraordinary ability classification. Though the AAO found the petitioner satisfied at least three evidentiary criteria, she failed the final merits determination; her government and youth awards, membership, and modest annual media coverage did not establish sustained national or international acclaim or placement among the very top of the field.

A beautician and eyelash artist sought EB-1A extraordinary ability classification. She met at least three evidentiary criteria through awards, membership, published material, and judging work. However, the AAO found she failed to demonstrate sustained national or international acclaim or that she ranks among the very top in her field, thus lacking the final merits showing required for the classification.

Fine art painter in modernistic impressionist style claimed extraordinary ability. Met minimum three evidentiary criteria: awards, judging, and exhibitions. AAO affirmed dismissal at final merits stage. While petitioner is acclaimed and recognized, evidence does not demonstrate place among small percentage at field's very top. Record lacks comparative information about other artists and relative standing.

Stage construction and engineering professional sought EB-1A extraordinary ability for art, theatre, and film work. AAO held three criteria satisfied (published material, judging, leading roles) but record failed to demonstrate sustained national or international acclaim required for extraordinary ability classification.

Digital artist in surrealist photomontage sought EB-1A extraordinary ability classification. AAO found one criterion met and one newly met on appeal but concluded the overall record failed to demonstrate sustained national or international acclaim or top-tier status required for the classification.

An omakase chef sought EB-1A extraordinary ability classification. The AAO found the petitioner met two initial criteria but failed to demonstrate sustained national or international acclaim; Michelin recognition was local, not national, and did not establish extraordinary ability among the very top.

A jeweler self-petitioner claimed extraordinary ability under EB-1A, asserting four criteria including awards, membership, published material, and scholarly articles. The AAO upheld the service center's denial, finding no criterion met due to insufficient evidence of national or international recognition and lack of authentic documentation of the petitioner's extraordinary status.

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.

An architect-type professional sought extraordinary ability classification, claiming eight of the ten evidentiary criteria. The AAO agreed with the Director that the claimed awards, membership, published material and original contributions criteria were not satisfied, so the three-criterion threshold was not met and the appeal was dismissed.

Speculative designer claimed seven extraordinary ability criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and artistic display). Award lacked international recognition documentation, article published in non-major media, and leading role was contract work lacking organizational distinction. Overall evidence did not establish upper-echelon status.

A musician and trumpet player sought EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria; AAO found two met (awards, exhibitions) and three not met (published material, membership, leading role). AAO concluded petitioner failed to demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.

A visual artist sought EB-1A extraordinary ability classification claiming six criteria. The AAO found two criteria met (published material and display of work) but this falls short of the three minimum required. The remaining claimed criteria were either rejected or abandoned, and the overall record did not demonstrate sustained national acclaim or placement among the very top of the field.

Fashion and lifestyle blogger seeking EB-1A extraordinary ability classification. Claimed eight criteria beyond leading role already conceded. AAO affirmed director's findings that awards lacked field recognition, memberships did not qualify, published material source was not major media, and judging post-dated filing. Appeal dismissed for failing three-criterion threshold.

A furniture designer sought EB-1A extraordinary ability classification. He claimed three criteria: awards, published material, and exhibitions. The AAO found he met awards and exhibitions criteria but failed published material because he provided no objective evidence establishing that articles were published in major media or professional trade publications.

Chinese stage actor with thirty years experience and director role sought EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner met initial evidentiary criteria but lacked evidence of sustained acclaim or placement among the small percentage at the very top of the field.

A production designer and student sought EB-1A extraordinary ability classification. She claimed six evidentiary criteria but satisfied only one. The AAO dismissed her appeal, finding she failed to establish at least three criteria: the award was not hers and not nationally recognized, and published material concerned her employer, not her work.

Model sought EB-1A extraordinary ability classification. AAO found petitioner met display and judging criteria but failed to satisfy published material and high salary criteria. Record lacked evidence of sustained national or international acclaim required for classification among small percentage at top of field.

A dance instructor seeking EB-1A extraordinary ability classification claimed four criteria. The Director found only judging satisfied. On appeal, the petitioner could not establish three of ten required criteria. The AAO dismissed, holding that the record lacks evidence of sustained national or international acclaim and does not demonstrate membership in the top small percentage of the field.

Design and marketing executive specializing in aircraft livery seeks EB-1A extraordinary ability classification. Petitioner claimed five criteria beyond major award; AAO found two met by director, rejected membership and published material on examination of association standards and publication circulation. Appeal dismissed for failure to meet initial three-criterion threshold and lack of sustained international acclaim.

A contemporary dancer met at least three EB-1A evidentiary criteria but failed the final merits determination. The decision found insufficient evidence of sustained national or international acclaim, noting a prolonged absence from performing, a shift to other fields, and no evidence of ongoing recognition. Appeal dismissed.

A watercolor artist seeks EB-1A extraordinary ability classification. The AAO remanded because the Director's denial lacked complete analysis and sufficient explanation for rejecting several criteria claimed by the petitioner; Director must re-examine evidence and provide detailed reasoning.

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.