Published AAO appeal decisions

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.

Jazz percussionist and music instructor sought EB-1A classification. Met three evidentiary criteria initially but AAO held he failed final merits test, lacking sustained national or international acclaim and failing to demonstrate standing among the very top musicians in his field.

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.

A dance instructor sought EB-1A extraordinary ability. Although meeting judging and leading role criteria, she failed to demonstrate original contributions of major significance or high salary relative to the field. The record lacked sufficient evidence of national or international acclaim required for the classification.

Visual artist and illustrator claiming extraordinary ability. Met two of ten criteria but failed to meet three required. Leading role and high salary claims rejected due to lack of organization documentation and insufficient earnings evidence. Record showed skilled artist with recognition but not sustained acclaim at required level.

Visual artist seeks extraordinary ability classification. Met one criterion on artistic display; claimed original contributions and high salary but failed both. Without three initial criteria met, final merits determination unnecessary; dismissal warranted.

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.

Art curator and architect sought EB-1A classification. AAO dismissed appeal, finding petitioner met only two of six claimed criteria. Petitioner failed to establish three criteria minimum and abandoned architecture for art curation and fashion accessories, showing insufficient intent to continue in claimed field of extraordinary ability.