Published AAO appeal decisions

Tattoo artist with black-and-gray specialization sought EB-1A extraordinary ability classification. Met four initial criteria including published material, judging, exhibitions, and remuneration. AAO found totality of evidence insufficient for sustained national or international acclaim required for small percentage at top of field. Appeal dismissed.

Tattoo artist filed motion to reconsider AAO dismissal of EB-1A appeal. AAO had found five criteria met but denied final merits. Motion contests one-time achievement and lesser awards determinations. AAO affirms second place award is not major or internationally recognized and petitioner has not shown sufficient national or international recognition of his awards.

An animation director seeking EB-1A extraordinary ability failed to meet three required evidentiary criteria. Membership in claimed organizations lacked judgment by recognized experts, and leading/critical role in project-based work did not qualify, dismissing the appeal.

Chinese architect sought EB-1A extraordinary ability classification. Claimed four criteria but established none. AAO affirmed denial, finding record does not demonstrate sustained national or international acclaim or recognition required for classification.

Ballroom dance choreographer petitioner sought EB-1A extraordinary ability classification on motion. AAO found petitioner failed to meet at least three required criteria: awards lacked sufficient documentation, memberships did not require outstanding achievements, training manual showed no major significance, leading role claim unsubstantiated, and salary data was incomparable. Motion dismissed.

Tattoo artist with over twenty years experience claimed major award and six alternate criteria. AAO found published material, judging, original contributions, and high salary satisfied, but sustained acclaim insufficient. Decision dismissed appeal for lack of evidence of small percentage at very top of field.

A ballroom dance choreographer claimed five evidentiary criteria for extraordinary ability, already meeting two. The AAO upheld denials for awards lacking national or international recognition, membership not judged by recognized experts, and salary not shown high relative to the field. With only two criteria met, the petition was dismissed without final merits review.

Television editor and post-producer claimed extraordinary ability under EB-1A. Service center found four criteria met; AAO found five criteria met. However, final merits determination failed: articles published only in 2023–2024, judging service occurred three times in two years, and awards confined to 2019–2022. Insufficient to demonstrate sustained national or international acclaim over 18-year career.

Author sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner satisfied fewer than three initial regulatory criteria; withdrew published material finding and rejected high salary claim, concluding overall record lacks evidence of sustained acclaim required for top-tier classification.

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.

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 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.

Dance studio petitioned for dance instructor beneficiary for O-1A classification. Service center found one criterion met. AAO affirmed that beneficiary met only one criterion and rejected original contributions claim based on lack of evidence of major significance. Petition dismissed as beneficiary failed to satisfy three-criterion requirement.

A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.

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.

Interior design firm petitioned for founder/principal designer claiming EB-1A extraordinary ability. Met no initial three criteria: awards, judging, original contributions, and salary all failed. Prior O-1B approvals did not override stricter immigrant standards. Final merits analysis found insufficient acclaim for top percentage status.

A talent agency petitioned for O-1A classification of a photographer claiming extraordinary ability. The applicant failed to meet the evidentiary criteria: published material lacked proper documentation and major publication status, and critical recognition letters came from non-photography experts. The appeal was dismissed.

Executive sous chef in O-1 visa status sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met none of three analyzed criteria: published material lacked evidence of being about him, high salary fell below top earners, and evidence insufficient for leading or critical role finding.

A makeup artist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria on appeal but provided insufficient evidence for awards, judging, publications, salary, and membership; one criterion was abandoned. The AAO dismissed, finding petitioner did not satisfy three criteria or demonstrate extraordinary ability.

A restaurant employer sponsored an executive chef with 14 years of experience and United Kingdom culinary training for EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the beneficiary met only one of ten evidentiary criteria and the record lacks evidence of sustained national or international acclaim required for extraordinary ability status.

Artist sought EB-1A extraordinary ability classification for studio and gallery work. AAO affirmed denial, finding petitioner met only one of ten required criteria and failed to demonstrate major award or sustained national or international acclaim at top of field.

A pastry chef self-petitioner sought EB-1A classification based on extraordinary ability. The petitioner claimed four criteria on appeal. The AAO found the petitioner failed to meet three criteria initially required and did not reach additional claimed criteria. No evidence demonstrated sustained national or international acclaim or top-of-field status.

Folk and classical singer from Armenia claimed eight criteria beyond those Director found met. AAO affirmed Director's finding of two criteria met but found petitioner failed to establish three criteria total required. Final merits analysis concluded no sustained national or international acclaim demonstrating top-tier status.

A visual effects artist and animator sought EB-1A extraordinary ability classification after remand. The AAO affirmed that the petitioner satisfied only two of three required criteria (display and high salary). The record did not demonstrate the sustained national/international acclaim or position among the small percentage at the top of the field required for extraordinary ability.