Published AAO appeal decisions

Photographer sought EB-1A extraordinary ability classification. AAO held petitioner failed to meet three evidentiary criteria; membership and published material criteria were not satisfied. Final merits step not reached because criteria threshold not met.

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.

Furniture design manager sought NIW for interior design business focusing on Chinese-style and wooden furniture. AAO held substantial merit was established but national importance was not; field importance and worker shortage cannot substitute for demonstrable prospective impact of specific endeavor.

An architect with advanced degree and self-employment in Brazil sought EB-2 NIW for a sustainable affordable housing venture. The AAO affirmed dismissal, finding the petitioner failed the first Dhanasar prong: while affordable housing is nationally important, the petitioner did not demonstrate her specific proposed endeavor would have national importance. Remaining prongs were not reached.

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.

A ceramic artist self-petitioner claimed extraordinary ability under EB-1A. The AAO found he met four initial evidentiary criteria but determined on final merits that the evidence did not establish sustained national or international acclaim at the very top of his field, distinguishing him from merely very good artists.

A dancer and choreographer sought EB-1A extraordinary ability classification claiming seven criteria. The AAO found the petitioner met the exhibitions criterion but failed to establish three of ten required criteria. Without meeting the threshold evidence requirement, the AAO dismissed the appeal without reaching a final merits determination.

A musician sought EB-1A classification claiming three of ten evidentiary criteria. The AAO found he met judging and exhibitions criteria but rejected published materials and scholarly articles claims. The decision concluded the petitioner lacked the sustained national or international acclaim required for extraordinary ability.

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.

A music teacher and entrepreneur seeking EB-2 classification as exceptional ability individual and national interest waiver for a music retail, education, and therapy business. The AAO dismissed the appeal, finding the petitioner failed to establish exceptional ability and that the proposed endeavor lacks national importance under Dhanasar's first prong.

A self-enrichment teacher and dance academy owner seeks EB-2 national interest waiver as individual of exceptional ability. AAO found petitioner met only one of six exceptional ability criteria: advanced degree. Petitioner failed to establish ten years full-time employment, professional certifications, professional associations, or expert recognition. Appeal dismissed because petitioner lacks underlying exceptional ability eligibility.

A designer specializing in brand creation sought EB-2 NIW claiming his services would elevate brand identity across industries. The AAO dismissed the appeal, adopting the director's finding that petitioner failed to demonstrate national importance of his specific proposed endeavor, lacking sufficient evidence of innovation or economic impact beyond prospective clients.

Architect and urban planner seeks NIW for sustainability consulting business in Florida. Petitioner claimed national importance through resilient urban strategy initiatives and employment potential. AAO dismissed, finding endeavor has substantial merit but lacks demonstrated national importance or broader field impact.

A choreographer sought EB-1A extraordinary ability classification. She claimed membership in Actors' Equity and published material criteria. The AAO found AEA membership does not require outstanding achievements and thus fails the membership criterion. Because fewer than three criteria were met, the AAO dismissed the appeal without reaching final merits.

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.

Cultural director sought EB-1A classification. Met three evidentiary criteria: published material, judging, and leading role. However, AAO dismissed appeal finding no sustained national or international acclaim. Media coverage limited to local newspaper until 2008 with no subsequent prominence; failed to demonstrate career of acclaimed work or presence among field's very top.

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 dance studio petitions for an O-1A visa for a dance instructor. The AAO found only one criterion met (published material) and rejected the judge criterion by withdrawing the service center's approval. It found original contributions insufficiently shown and determined the petitioner failed to meet the threshold of three criteria.

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.

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.