Published AAO appeal decisions

Self-employed photographer sought EB-2 with national interest waiver. AAO found petitioner met only one of six exceptional ability criteria (academic degree), failing to establish three required criteria. Because underlying EB-2 qualification not established, Dhanasar waiver analysis not reached.

Graphic designer self-petitioner claimed national interest waiver under EB-2. AAO affirmed denial on two grounds: petitioner failed to establish equivalency to U.S. advanced degree, and proposed business endeavor lacks national importance or broader economic effects.

Vocalist and music teacher with advanced degree sought national interest waiver for endeavor of musical event management and classical music teaching. AAO affirmed underlying EB-2 eligibility but found proposed activities lacked national importance, distinguishing from STEM teaching precedent by showing no broad industry impact. Appeal dismissed.

Musician-composer claiming extraordinary ability through invention of hybrid bass guitar and music compositions. Claimed four criteria but met only published material. AAO found original contributions lacked evidence of field impact and scholarly articles failed authorship and publication requirements. Appeal dismissed because fewer than three criteria established.

Fashion model with over a decade of experience and O-1 status claimed six regulatory criteria. Director found only judging criterion satisfied. AAO affirmed that petitioner failed to meet three criteria required for extraordinary ability, lacking major awards and failing to demonstrate sufficient impact through publications, original contributions, or critical roles.

A Thai musician and musical instrument maker claimed extraordinary ability. The AAO found one criterion met: artistic display. Five other claimed criteria failed due to insufficient documentation of recognition level and national or international acclaim. The petitioner lacked evidence of sustained recognition in the field.

Pianist seeks EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish either a major internationally recognized award or three alternate regulatory criteria. Evidence of local competition awards, professional memberships, and regional media appearance insufficient to demonstrate elite status.

A photographer and business owner from Brazil claimed extraordinary ability through seven criteria. The AAO found two criteria met: published material and exhibition display. However, the petitioner failed to establish three qualifying criteria and lacks sustained national or international acclaim required for the classification.

Photographer sought EB-1A extraordinary ability. Claimed four criteria: awards, published material, exhibitions, and critical role. AAO rejected all four findings; none met regulatory requirements. No sustained acclaim established.

Fashion designer sought extraordinary ability classification claiming six criteria including awards, membership, and scholarly articles. AAO found only one criterion met (judging) and upheld dismissal. Petitioner failed to establish three-criterion threshold and lacked evidence of sustained national or international acclaim required for EB-1A.

Fashion designer met only two criteria (judging, exhibitions) and failed three-criterion threshold. AAO dismissed appeal finding insufficient evidence that Mara de Oro Award or Venezuelan publications qualified as nationally or internationally recognized, and that petitioner lacked sustained national or international acclaim required.

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 fashion model from Australia sought EB-1A classification claiming ten evidentiary criteria. The AAO affirmed the service center's finding that she satisfied only one criterion (display at exhibitions). The record lacked evidence of nationally recognized awards, qualifying association membership, or the sustained national/international acclaim required for extraordinary ability status.

Comics creator and illustrator self-petitioning for EB-1A extraordinary ability claimed three criteria. AAO found one criterion met: a nationally recognized Venezuelan award for excellence in plastic arts. Published material and leading critical role claims were rejected. Appeal dismissed because only two of ten required criteria established.

Fashion designer sought EB-1A extraordinary ability classification. Petitioner claimed four criteria beyond the one (exhibitions) the director conceded. AAO found petitioner met only one criterion, falling short of three required, and held overall record does not demonstrate sustained national or international acclaim or placement among top of field.

A graphic designer seeking to open his own design business filed for NIW. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field broadly or provide substantial economic effects beyond serving clients and employees, dismissing the appeal.

Jewelry and luxury watch designer sought NIW for EB-2. Petitioner claimed custom jewelry and watch design as art form with national importance and job creation potential. AAO dismissed, finding petitioner failed to establish endeavor has national importance because record lacked specific data showing jewelry production rises to national or global level beyond the company.

An embroiderer seeks EB-1A extraordinary ability classification. The petitioner claimed eight of ten regulatory criteria. The AAO dismissed the appeal, finding the petitioner satisfied fewer than three criteria and lacked sustained national or international acclaim required for extraordinary ability.

Jewelry maker claims extraordinary ability in arts. Director found two criteria met; petitioner claimed four additional on appeal. AAO dismissed, rejecting membership, published material, original contributions, and scholarly articles. Record does not demonstrate sustained national or international acclaim or position among top field practitioners.

Self-petitioner speech and theatrical coach sought EB-1A classification. Met three preliminary criteria: judging, published material, critical role. AAO dismissed appeal because evidence did not establish sustained national or international acclaim required for extraordinary ability classification.

Wedding photographer from South Africa claiming seven evidentiary criteria for EB-1A extraordinary ability. AAO agreed with Director that only two criteria met: judging and exhibitions. Published material, awards, and membership claims failed. Record shows successful photographer with prominent clients but does not establish sustained acclaim required for top of field.

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.

Director and producer sought EB-2 with national interest waiver. Petitioner did not establish five years of post-baccalaureate experience required for advanced degree professional classification due to inconsistent employment documentation and lack of proper employer letters. AAO dismissed appeal.

Architect sought NIW for EB-2 advanced degree classification for proposed architectural and design projects. AAO held petitioner failed to establish specific consistent proposed endeavor and did not demonstrate national importance beyond general field significance, thus failing Dhanasar first prong.

Tattoo artist claimed five criteria for extraordinary ability classification. Met two initial evidentiary criteria but failed three additional ones: awards lacked national significance, original contributions not demonstrated, and critical role unsubstantiated. AAO affirmed dismissal; evidence did not establish sustained national or international acclaim.