Published AAO appeal decisions

A dance studio employer petitions for EB-1A classification of a beneficiary as extraordinary ability in the arts. The beneficiary claimed awards, published material, and leading role as dancer and coach. The AAO affirmed dismissal because the beneficiary met no criteria and showed insufficient sustained national or international acclaim at the very top level.

Self-represented petitioner, editor and writer of local chronicles in China with twenty-year career. Claimed extraordinary ability through awards, scholarly articles, and original contributions. AAO dismissed appeal, finding one national award and single article recognition insufficient, uncertified translations of recommendation letters inadmissible, and no evidence of sustained acclaim or intent to continue work in United States.

A poet seeks EB-1A as an alien of extraordinary ability in the arts. The petitioner claimed awards, membership, published material, and scholarly articles. The AAO affirmed dismissal because the petitioner failed to establish any criterion and showed only talent, not sustained national or international acclaim at the very top level.

Counsel represented Chinese Peking Opera actor claiming extraordinary ability. Failed to meet three required criteria: awards lacked official documentation, membership was local-level only, and critical role unproven. Additionally, no evidence of continued work in expertise area or prospective employment plans required by regulation.

Oil painter from China sought EB-1A extraordinary ability classification based on exhibition awards, publication, judging role, and sales. AAO dismissed appeal, finding awards and exhibitions lacked sustained national acclaim, documentation was deficient, and evidence did not show sustained recognition at the very top of the field.

Performing artist seeking EB-1A extraordinary ability classification. Petitioner submitted awards, association memberships, and performance evidence. AAO found no criteria met; awards lacked national documentation, memberships did not show outstanding achievement, performances were not centerpiece of major productions, and no evidence of intent to continue work in United States.

A Chinese acrobat claiming extraordinary ability in athletics and arts submitted evidence of local awards, association membership, and performances. AAO found no criterion met, determining awards lacked national or international recognition and membership did not require outstanding achievement.

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.

Self-petitioner singer claimed extraordinary ability based on one 1986 award, Academy membership, published material, and original contributions. AAO found the award uncorroborated, career limited to 1986–1988, no sustained acclaim demonstrated, and evidence insufficient to show top-tier achievement.

Horticulture artist sought EB-1A extraordinary ability classification. Failed to establish three required criteria: awards lacked major international recognition, membership requirements unclear, exhibitions lacking specificity. No evidence of sustained national acclaim or elite status. Also lacked required evidence of intent to continue work in United States.

Self-petitioner in the arts sought EB-1A extraordinary ability classification. The petition was initially approved but revoked by the director. On appeal, counsel failed to submit a brief or identify specific errors despite requesting 90 days. The AAO summarily dismissed the appeal.

Employer-sponsored dance coach and director claimed evidence for multiple EB-1A criteria. AAO found no criterion met and held that neither his dancer career nor coaching career established sustained national or international acclaim at the very top level.

Self-petitioner in the arts sought EB-1A extraordinary ability classification. After initial approval, the service center revoked the petition, finding petitioner lacked sustained national or international acclaim. On appeal, counsel failed to submit a brief or identify any error of law or fact, and the AAO summarily dismissed the appeal.

Self-represented painter claimed extraordinary ability in the arts through awards, membership, publications, and exhibitions. The AAO found the awards lacked documentation of national or international stature, the publication was local without major media distribution, and exhibitions were not at significant national venues. Appeal dismissed.

Self-petitioner artist in performing arts sought EB-1A extraordinary ability status. Submitted evidence of Israeli awards, membership, newspaper publications, and client letters. AAO found all evidence insufficient: untranslated documents, local rather than national acclaim, supporting role in one film, and lack of recognition as placed at top of field. Appeal dismissed.

A self-petitioner fabricator and installer for a tile and stone business claimed extraordinary ability but submitted minimal documentation: only a job description and blank pay stub. The AAO found no evidence of any regulatory criterion met and no documentation of sustained national or international acclaim. Appeal dismissed.

A fashion designer sought EB-1A classification based on a prize, association membership, judging activities, and exhibitions. The AAO found the prize lacked documented national or international stature, membership criteria unmet, no substantive evidence of judging at professional level, and insufficient evidence of significant venue exhibitions. Support letters from regional associations were inadequate to establish sustained acclaim.

Tile and stone fabricator claiming extraordinary ability. Petition lacked extensive documentation of sustained national or international acclaim. Self-petitioner offered only a statement and promise of photographs but no evidence relating to the ten regulatory criteria, failing to meet the burden of proof.

A petitioner in the arts sought extraordinary ability classification, and the director found sustained acclaim not established. On appeal, counsel only announced a future brief and never submitted anything or identified any error. The AAO summarily dismissed the appeal without analyzing any criteria.

A visual artist and founding member of a Russian art collective claimed EB-1A criteria. The AAO found he met only one criterion. His memberships lacked demonstrated outstanding achievement standards, published material was insufficient, and though he exhibited widely in Russia and abroad, the record did not establish original contributions of major significance or commercial success.

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.

Horticulture artist filed self-petitioned EB-1A for extraordinary ability. Claimed awards, membership, and exhibitions. AAO rejected all criteria as lacking sustained national or international recognition and dismissed for failure to meet three-criterion threshold and absence of evidence of intent to continue work in United States.

Self-represented Israeli artist, actor, dancer and choreographer claiming extraordinary ability. Petitioner submitted awards, membership, publications and portfolio. AAO found awards lacked proper documentation, membership was routine employment-based, newspapers unverified, and evidence insufficient to show sustained national or international acclaim at the very top of the field.

A former Taiwanese pop band member and photographer claiming extraordinary ability in arts. Petitioner claimed awards, published material, and original contribution criteria. AAO found past fame as pop singer does not constitute sustained acclaim, untranslated newspaper articles inadequate, and television and photography work insufficient as major contributions. Appeal dismissed.