Published AAO appeal decisions

Fashion designer and photographer sought extraordinary ability classification. Claimed six criteria met. AAO found only two met (exhibitions and critical role), insufficient for threshold. Final merits not addressed as initial evidence requirement failed. Appeal dismissed.

Actor and acting coach seeking EB-1A extraordinary ability claimed six criteria but met only exhibitions. Awards lacked proof of recognition, memberships lacked expert judgment, published material uncorroborated, judging informal only, salary unsubstantiated, and commercial success lacked sales data. Appeal dismissed.

A car restoration company sponsored a Brazilian restoration designer and fabricator for O-1A visa. Director found one criterion met (significant recognition). Petitioner claimed five others on appeal. AAO found none met: no evidence of future lead role, no national recognition in major publications, no commercial success, and prospective salary not demonstrably high for the field.

An architect with over 25 years experience sought EB-1A classification. The AAO found four criteria met: published material, exhibitions, leading role for distinguished organization, and high salary. The aggregate evidence demonstrated sustained national acclaim and placement among the very top of the field.

Saxophonist and yoga instructor claims extraordinary ability in arts. Met only exhibitions criterion. AAO rejected membership, original contributions, leading role, and high salary claims. Prior O-1 approval did not bind I-140 decision; failed three-criterion threshold.

Motion graphics artist sought EB-1A classification in the arts. Director found only one criterion met (artistic display). Petitioner appealed claiming two additional criteria but provided insufficient evidence of awards, published material, or original contributions of major significance. AAO affirmed dismissal.

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.

Visual effects professional claimed extraordinary ability through multiple regulatory criteria and comparable evidence. AAO affirmed dismissal because petitioner failed to meet the high burden of demonstrating sustained national or international acclaim and belonging among the very top of the field, despite meeting high salary criterion.

Chef petitioner claimed extraordinary ability in culinary arts. Director found awards and leading role criteria met but rejected published material and high salary criteria. AAO dismissed appeal, finding petitioner failed to demonstrate sustained national or international acclaim or placement in top percentage of field despite meeting two criteria.

An art director claimed extraordinary ability under EB-1A based on awards, original contributions, exhibitions, leading roles, and high salary. The AAO summarily dismissed the appeal because counsel failed to identify specific erroneous findings and abandoned four of five criteria discussed by the director.

A chef claimed extraordinary ability through awards, publications, and high salary. The AAO found awards not nationally or internationally recognized, publications lacked proper documentation and primary focus, claimed accomplishments spanned only one month, and salary evidence was insufficient. Petition denied for failure to demonstrate sustained top-level acclaim.

A Georgian folk singer and choirmaster self-petitioner claimed EB-1A extraordinary ability in the arts. He asserted five criteria: awards, membership, judging, original contributions, and high salary. The AAO found none met and concluded his work with Ensemble Kutaisi, while moderately successful, did not establish top-level sustained acclaim.

Lacquer painter claiming extraordinary ability under EB-1A. Petitioner submitted evidence of local award, association membership, and published materials. AAO found award lacked national or international recognition, membership did not require outstanding achievement, and published material was not primarily about petitioner or in major media. Appeal dismissed.

Pianist holding O-1 visa sought EB-1A classification. Evidence included local performances and newspaper reviews. AAO found standards dramatically different between O-1 and EB-1A, dismissed appeal because petitioner failed to meet three criteria or show sustained acclaim at very top level.

Self-petitioner artist sought EB-1A classification based on Chinese awards, association membership, and artwork exhibitions. AAO found awards local not international, membership not contingent on achievement, exhibitions unsubstantiated, and compensation unexceptional.

A self-represented artist sought extraordinary ability classification, claiming awards, membership, published material, exhibitions, a leading role and high salary. The AAO dismissed the appeal because no major award or three criteria were shown, and also found no evidence of intent to continue working in the United States.

Self-represented artist claims extraordinary ability through awards, membership, exhibitions, and salary. AAO found awards provincial only, membership inadequate, exhibitions insufficient, and salary unexceptional. Record did not demonstrate sustained acclaim or top-tier status since entering United States in 1999.

Self-represented Georgian folk music performer and teacher claims extraordinary ability but failed to specify which criteria met. AAO found no awards evidence, inadequate published material, insufficient judging, weak original contributions, no exclusive exhibitions, unexceptional salary, and no commercial success documentation. Overall evidence showed talent but not sustained top-tier acclaim.

Performer in performing arts sought EB-1A extraordinary ability classification. AAO found only one criterion met (leading critical role), falling short of three required. Awards lacked documentation, salary and commercial success unproven, published material lacking. Appeal dismissed.

Artist (calligrapher-graphic artist) seeking EB-1A extraordinary ability classification. Self-represented petitioner submitted certificates, membership evidence, article, and videotape. AAO found evidence insufficient for any criterion and that petitioner failed to establish sustained national or international acclaim at very top level; petition dismissed.

Hair stylist claiming extraordinary ability based on South American awards and professional positions. AAO held awards insufficient: insufficient documentation and no sustained acclaim for ten years before filing. Position as judge and television work held too long ago. No evidence of sustained national or international acclaim required for EB-1A.

A self-petitioner art director in motion picture advertising sought EB-1A classification. Although the AAO found the petitioner met the awards and judging criteria, the decision affirmed dismissal because only two of the required three criteria were met and the evidence did not collectively demonstrate extraordinary ability at the very top of the field.

Musician and musical director filed EB-1A petition claiming extraordinary ability. Petitioner met only two of ten required criteria. AAO found regional success and upward career trajectory but insufficient evidence of sustained national or international acclaim at very top of field. Appeal dismissed.

Self-petitioner, a visual artist, claimed EB-1A extraordinary ability based on awards, membership, publications, and salary. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim at the very top of her field despite being a successful artist.