Published AAO appeal decisions

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.

A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.

A filmmaker sought EB-2 classification with a national interest waiver for operating a content production company addressing social issues. The AAO dismissed the appeal, finding the endeavor lacks national importance despite substantial merit; it benefits only the petitioner's immediate employer and clients without broader implications for the documentary filmmaking field.

A musician and trumpet player sought EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria; AAO found two met (awards, exhibitions) and three not met (published material, membership, leading role). AAO concluded petitioner failed to demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.

A visual artist sought EB-1A extraordinary ability classification claiming six criteria. The AAO found two criteria met (published material and display of work) but this falls short of the three minimum required. The remaining claimed criteria were either rejected or abandoned, and the overall record did not demonstrate sustained national acclaim or placement among the very top of the field.

Goldsmith sought EB-2 as member of professions with advanced degree and national interest waiver for jewelry manufacturing business. AAO affirmed denial on two bases: petitioner failed to demonstrate occupation requires bachelor's degree, and proposed endeavor failed first Dhanasar prong for lacking demonstrated national importance.

Fashion and lifestyle blogger seeking EB-1A extraordinary ability classification. Claimed eight criteria beyond leading role already conceded. AAO affirmed director's findings that awards lacked field recognition, memberships did not qualify, published material source was not major media, and judging post-dated filing. Appeal dismissed for failing three-criterion threshold.

A furniture designer sought EB-1A extraordinary ability classification. He claimed three criteria: awards, published material, and exhibitions. The AAO found he met awards and exhibitions criteria but failed published material because he provided no objective evidence establishing that articles were published in major media or professional trade publications.

A bakery and pastry chef claimed exceptional ability under EB-2 and sought national interest waiver. The AAO affirmed she did not satisfy the required three of six objective criteria for exceptional ability, including inadequate professional certifications, wage evidence, and peer recognition.

A dance studio owner in Brazil seeking EB-2 exceptional ability classification and national interest waiver. AAO found she failed to meet three of four exceptional ability criteria and lacked the requisite expertise. AAO also found the proposed endeavor lacks national importance under Dhanasar's first prong.

Chinese stage actor with thirty years experience and director role sought EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner met initial evidentiary criteria but lacked evidence of sustained acclaim or placement among the small percentage at the very top of the field.

A production designer and student sought EB-1A extraordinary ability classification. She claimed six evidentiary criteria but satisfied only one. The AAO dismissed her appeal, finding she failed to establish at least three criteria: the award was not hers and not nationally recognized, and published material concerned her employer, not her work.

Model sought EB-1A extraordinary ability classification. AAO found petitioner met display and judging criteria but failed to satisfy published material and high salary criteria. Record lacked evidence of sustained national or international acclaim required for classification among small percentage at top of field.

A dance instructor seeking EB-1A extraordinary ability classification claimed four criteria. The Director found only judging satisfied. On appeal, the petitioner could not establish three of ten required criteria. The AAO dismissed, holding that the record lacks evidence of sustained national or international acclaim and does not demonstrate membership in the top small percentage of the field.

Design and marketing executive specializing in aircraft livery seeks EB-1A extraordinary ability classification. Petitioner claimed five criteria beyond major award; AAO found two met by director, rejected membership and published material on examination of association standards and publication circulation. Appeal dismissed for failure to meet initial three-criterion threshold and lack of sustained international acclaim.

Interior designer on student visa sought EB-2 NIW under advanced degree or exceptional ability. AAO dismissed appeal, finding petitioner failed underlying EB-2 qualification; degree did not meet four-year requirement, experience evidence insufficient, and exceptional ability criteria unsatisfied; NIW not addressed.

Architect sought EB-2 with NIW for proposed venture in affordable disaster-resilient housing. AAO agreed substantial merit established but affirmed denial, finding petitioner conflated national importance of field with national importance of specific proposed venture; no demonstrated prospective impact.