Published AAO appeal decisions

Ballroom dance choreographer petitioner sought EB-1A extraordinary ability classification on motion. AAO found petitioner failed to meet at least three required criteria: awards lacked sufficient documentation, memberships did not require outstanding achievements, training manual showed no major significance, leading role claim unsubstantiated, and salary data was incomparable. Motion dismissed.

Tattoo artist with over twenty years experience claimed major award and six alternate criteria. AAO found published material, judging, original contributions, and high salary satisfied, but sustained acclaim insufficient. Decision dismissed appeal for lack of evidence of small percentage at very top of field.

A photojournalist claims extraordinary ability in EB-1A. The AAO found SCOPS' decision contained factual errors and insufficient analysis, requiring remand. The decision lacked detailed consideration of evidence and failed to address all claimed criteria, warranting re-evaluation by SCOPS.

A salsa dancer, choreographer, and instructor self-petitioned for EB-1A extraordinary ability. The AAO dismissed motions to reopen and reconsider, finding she met three criteria but failed final merits determination showing sustained acclaim at the very top of her field.

A visual artist sought EB-1A classification. The AAO dismissed a second motion to reopen and reconsider because petitioner did not provide new facts with documentary support and did not establish that prior legal rulings misapplied law or policy; record satisfies only two criteria.

Esthetician who operates beauty clinic and school in Brazil seeks EB-1A extraordinary ability classification. Met only one criterion; failed three others required for advancement to final merits. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim.

Conceptual artist met three EB-1A criteria (at least one established as published material); SCOPS had rejected membership and scholarships. AAO found published material criterion satisfied, meeting minimum threshold. Matter remanded for final merits determination to evaluate sustained national or international acclaim.

An embossing artist sought EB-1A extraordinary ability classification. The service center found two criteria met: judging and display. On appeal, the petitioner claimed four additional criteria but the AAO rejected awards, published materials, and original contributions for lack of specificity and documentation. With only two criteria met, the appeal was dismissed.

A restaurant petitioned to classify a mixologist as O-1A extraordinary ability. The petitioner initially claimed O-1A (sciences, education, business, athletics) but later argued mixology is O-1B (arts). The AAO dismissed the appeal because the petition was filed under O-1A, which does not cover arts; the petitioner cannot change classifications mid-process and must satisfy the category claimed at filing.

Historical architect sought EB-2 with NIW. After initial denial and multiple unsuccessful motions, the AAO dismissed a final motion to reopen because the petitioner failed to demonstrate that filing delays were reasonable and beyond her control, and did not submit new facts supporting reconsideration.

A tattoo arts studio petitioned for O-1A classification for a tattoo artist. The petitioner claimed extraordinary ability through a 2022 award and lead performances at multiple events. The AAO found the award lacked standing and that participation in events did not demonstrate starring or lead roles, dismissing the appeal.

A bakery and pastry chef sought EB-2 national interest waiver. The AAO dismissed, finding the proposed bakery operation lacked national importance required under Dhanasar. The endeavor would benefit only direct customers without broader implications or significant employment impact on a national level.

A singer-composer self-petitioned for EB-1A. Demonstrated two criteria: lesser awards and exhibition display. Failed to establish three required criteria. AAO affirmed denial because the evidentiary threshold was not met, reserving final merits analysis.

Tattoo studio petitioned for O-1A classification for tattoo artist beneficiary. AAO determined beneficiary met at least three evidentiary criteria despite SCOPS finding only two. Decision withdrawn and remanded for SCOPS to evaluate totality of evidence and determine whether beneficiary demonstrated sustained national or international acclaim in the arts.

An avant-garde pop artist sought NIW for EB-2. The AAO found she met exceptional ability criteria but dismissed because her proposed endeavor lacks national importance. Expert letters discussing art's general value did not demonstrate how her specific work would benefit the U.S. economy or employment.

Video game developer petitioned for senior animator as extraordinary ability in arts. SCOPS found beneficiary met one criterion (judging); AAO dismissed, holding beneficiary met only judging criterion and failed to establish sustained national or international acclaim or elite status.

Cosmetics innovator claimed EB-1A extraordinary ability for stamp crease tool invention and artistic displays. AAO affirmed denial, finding no recognized awards, insufficient evidence of original contribution, and failure to establish three criteria. Lack of sustained national or international acclaim found.

Music instructor and musician claims national interest waiver for EB-2 immigration. Proposed endeavor to improve representation of diverse identities in orchestral music through teaching and research was found to have substantial merit but lack the national importance required under Dhanasar because impact was limited to local students and lacked broader field implications.

Wedding and event planner specialist seeks EB-1A extraordinary ability classification. Claimed major award and three evidentiary criteria. AAO dismissed, finding no major award, unmet criteria for lesser awards and original contributions, and record lacks evidence of sustained national or international acclaim or top-tier field status.

A tattoo artist claimed extraordinary ability under EB-1A. The AAO found he did not meet three of ten criteria including awards, membership, and judging. The AAO dismissed the appeal because the petitioner lacks sustained national or international acclaim required for the highly restrictive classification.

A ballroom dance choreographer claimed five evidentiary criteria for extraordinary ability, already meeting two. The AAO upheld denials for awards lacking national or international recognition, membership not judged by recognized experts, and salary not shown high relative to the field. With only two criteria met, the petition was dismissed without final merits review.

Commercial photographer seeking EB-1A extraordinary ability classification. Claimed six evidentiary criteria. AAO dismissed appeal, finding none met: memberships lack proper standards, published materials are promotional rather than substantive coverage, exhibitions not qualifying, and no leading critical roles. Does not demonstrate sustained acclaim or top-tier status.

Hairstylist seeking EB-1A classification based on extraordinary ability. Claimed six criteria across salon work and styling innovation. AAO dismissed because petitioner satisfied fewer than three criteria; evidence concentrated in short time period and limited geography without sustained national or international recognition.