Published AAO appeal decisions

High fashion photographer sought EB-1A classification for extraordinary ability in arts. Petitioner claimed seven criteria but AAO analyzed only membership and published material, finding neither met. Decision concluded petitioner failed three-criterion threshold without reaching remaining claimed criteria.

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 curator and historian of art sought EB-1A classification. The petitioner claimed six criteria but met only one (judging). The AAO dismissed the appeal because the petitioner failed to establish at least three initial criteria required for extraordinary ability.

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.

Architect claims extraordinary ability. Met only one criterion: exhibitions. AAO rejected awards, membership, published material, leading role, and commercial success criteria. Found petitioner failed to meet three-criterion threshold; did not establish sustained acclaim or top status.

Artist and performing arts professional claimed multiple criteria including judging. AAO sustained judging criterion but rejected awards as abandoned, membership without sufficient detail, and commercial success lacking corroboration. Petitioner met only one criterion; failed three-criterion threshold. Appeal dismissed.

A performer seeks extraordinary ability classification as writer, speaker, and magician. The petitioner claimed membership, published material, original contributions, and exhibitions. AAO found none met the regulatory criteria: membership relied on potential not achievement, articles merely mentioned rather than featured the petitioner, claimed technique lacked demonstrated field impact, and performances do not satisfy exhibitions requirement.

An artist self-petitioner on motion to reopen claimed extraordinary ability through membership, published material, original contributions and exhibitions. The AAO dismissed appeal because membership was uncontested, published material lacked proper documentation, original contributions showed only speculative future impact, and exhibitions were not analyzed. Three-criterion threshold not met.

Classical musician claimed extraordinary ability based on performances, education, memberships, and publications. AAO found performances not equivalent to awards, memberships lacked expert judgment requirement, and promotional materials insufficient as published material under the regulation.

An artist petitioner claimed extraordinary ability, asserting at least three criteria including awards and membership. The AAO dismissed the appeal because the petitioner failed to document that her awards were nationally or internationally recognized and could not show her memberships required outstanding achievements.

A director/producer/writer/instructor sought EB-1A classification. The AAO upheld denial, finding insufficient qualifying evidence under three regulatory criteria: awards lacked primary documentation, membership did not show association requirement of outstanding achievements, and published materials lacked proper circulation evidence. Overall evidence failed to establish sustained national or international acclaim.

A violinist self-petitioner claimed EB-1A extraordinary ability. The petitioner failed on awards, membership, judging, and exhibitions criteria. The AAO affirmed dismissal, finding performances do not qualify under exhibitions criterion and insufficient evidence of extraordinary ability.

An employer-sponsored petition for a performing arts professional sought EB-1A extraordinary ability. Petitioner claimed association membership late on appeal, which AAO rejected as improper. Membership claim failed regulatory requirements with translation issues. Appeal dismissed for insufficient extraordinary ability evidence.

Musician-petitioner claimed four evidentiary criteria for extraordinary ability. The AAO found petitioner did not meet awards (World Youth Choir participation insufficient), membership (employment-based only), or original contributions (institutional level only). Failure to submit three qualifying categories and lack of sustained national or international acclaim led to dismissal.

A cultural dancer sought EB-1A extraordinary ability classification. She claimed awards, membership, published material, original contributions, exhibitions, and leading role. The AAO affirmed that two criteria were met but found insufficient evidence of major contributions or qualifying exhibitions, and dismissed the appeal because the petitioner failed to establish sustained national or international acclaim.

Visual artist petitioner claimed four criteria for extraordinary ability. AAO found awards not nationally or internationally recognized, membership based on employment not achievement, published material lacking proper documentation, and role not critical to organizational success. Appeal dismissed.

A self-petitioner ballroom dancer sought EB-1A extraordinary ability classification. Petitioner claimed awards, association membership, judging experience, and original contributions. AAO found awards lacked national recognition, membership criteria unmet, judging claim abandoned, and contributions inadequately documented. Appeal dismissed.

Photographer EB-1A petitioner claimed awards, membership, judging, and published material criteria. AAO rejected awards as institution-specific; membership as single association lacking expert review boards; judging as abandoned; and publications as insufficient. No sustained acclaim shown. Appeal dismissed.

Dance instructor or choreographer petitioner claimed multiple EB-1A criteria but met only awards criterion. AAO applied Kazarian two-step test: counted evidence types and found fewer than three qualifying criteria met. Petitioner's ambiguous career focus between dance competition and instruction undermined claim. Appeal dismissed.

A fine antique jewelry and goldsmith restoration specialist filed EB-1A seeking extraordinary ability classification. AAO held she failed to submit sufficient documentation, met no regulatory criteria, and did not demonstrate sustained national or international acclaim at the top of her field.

Singer self-petitioner sought EB-1A extraordinary ability classification. Petitioner met no more than three criteria requirements; AAO found no nationally or internationally recognized awards, insufficient published material, and no judging or major contributions. Petitioner failed to demonstrate sustained acclaim at field top. Appeal dismissed.

A dulcimer player filed an EB-1A petition claiming extraordinary ability in the arts. The AAO affirmed denial, finding the single 1990 national award could not demonstrate sustained acclaim in 2006, and membership and judging evidence lacked sufficient documentation. The overall evidence showed past talent but not sustained national or international acclaim.

An artist self-petitioner claimed awards, membership, published material, and judging criteria. The AAO found no nationally or internationally recognized awards met the criterion; membership lacked outstanding achievement requirement; published materials lacked certified translations; and judging role did not indicate extraordinary acclaim.

Musician and teacher in China seeking EB-1A. Initially approved then revoked. Claimed awards and association memberships as musician and teacher. AAO found award shared among 53 recipients and memberships based on activity and dues rather than outstanding achievement. Overall evidence does not demonstrate sustained international acclaim at the very top.

Musician self-petitioner claimed extraordinary ability in arts. AAO dismissed appeal, finding petitioner failed to establish any criterion and lacked evidence of sustained national or international acclaim at the very top of her field.