Published AAO appeal decisions

An entrepreneur in film and video production claimed exceptional ability status and national interest waiver. The AAO found he met only one of six evidentiary criteria, reversing the Service Center's finding on professional membership and rejecting recognition for achievements. The appeal was dismissed.

Architectural designer and manager seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit but not national importance. Petitioner's self-employment in interior design and project management lacks demonstrated broader implications, regional or national economic impact.

Makeup artist seeking EB-1A claiming extraordinary ability in the arts. Met only one criterion (judging); failed published material and original contributions criteria. AAO affirmed denial, finding petitioner failed to meet three-criterion evidentiary threshold and lacks sustained acclaim required. Appeal dismissed.

Brazilian audiovisual production entrepreneur sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner failed to meet three of six regulatory criteria for exceptional ability, including insufficient employer letters, no comparable license or certification evidence, and no comparative salary data demonstrating exceptional ability.

Fashion designer sought EB-1A extraordinary ability classification emphasizing sustainable clothing and domestic vendors. AAO dismissed appeal; petitioner met only two of required three criteria (published material and exhibitions) and failed to demonstrate sustained national or international acclaim or top-tier standing.

A craftsperson from Russia sought EB-1A extraordinary ability classification. She claimed membership in two art unions and a display criterion. The AAO found only display satisfied; the union memberships lacked evidence that outstanding achievements were judged by recognized experts. She failed to meet the three-criterion threshold and lacked sustained national or international acclaim.

Composer and singer self-petitioner claiming extraordinary ability sought EB-1A. Claimed five criteria but did not address director's rejection on appeal, waiving the issue. Director found evidence insufficient for all claimed criteria. AAO also found material fraud: falsified award certificate and fabricated film project with falsified supporting documents. Appeal dismissed for failure to meet criteria threshold and willful misrepresentation.

An arts performer seeking EB-2 classification with national interest waiver. The AAO found the record did not establish a qualifying advanced degree or five years of progressive post-baccalaureate experience, and did not satisfy at least three exceptional ability criteria. Dhanasar analysis was reserved; appeal dismissed.

Hair stylist claimed EB-1A extraordinary ability. AAO dismissed after finding only two of ten criteria met, below three-criterion threshold. Styling work lacked national or international recognition and did not evidence career of acclaimed work.

A makeup artist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria on appeal but provided insufficient evidence for awards, judging, publications, salary, and membership; one criterion was abandoned. The AAO dismissed, finding petitioner did not satisfy three criteria or demonstrate extraordinary ability.

A Bangladeshi writer claimed extraordinary ability under EB-1A, asserting six regulatory criteria including awards, membership, published material, judging, and exhibitions. The AAO dismissed the appeal after finding willful misrepresentation of material facts through falsified news articles and determining the petitioner did not meet the required three criteria.

A restaurant employer sponsored an executive chef with 14 years of experience and United Kingdom culinary training for EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the beneficiary met only one of ten evidentiary criteria and the record lacks evidence of sustained national or international acclaim required for extraordinary ability status.

Self-petitioner, architect and program manager with advanced degree seeking EB-2 NIW. Claimed eligibility under Dhanasar framework. AAO affirmed dismissal, finding petitioner failed to establish first prong; relied on industry importance rather than specific endeavor impact, without new evidence on appeal.

Visual artist seeking extraordinary ability classification. Director found three criteria met; AAO dismissed because petitioner failed to demonstrate sustained national or international acclaim and place among very top of field despite meeting initial evidentiary threshold.

Artist sought EB-1A extraordinary ability classification for studio and gallery work. AAO affirmed denial, finding petitioner met only one of ten required criteria and failed to demonstrate major award or sustained national or international acclaim at top of field.

Industrial designer sought EB-2 NIW as exceptional ability or advanced degree professional. AAO dismissed on threshold issue: petitioner failed to establish EB-2 eligibility by not meeting three criteria for exceptional ability (no degree diploma submitted) and lacking advanced degree or required work experience; NIW analysis reserved.

Fashion professional sought NIW for EB-2 classification as individual of exceptional ability. Petitioner failed to meet initial evidence requirements for exceptional ability under regulatory criteria. AAO held proposed endeavor lacked national importance and failed to demonstrate substantial positive economic effects or broader industry impact.

Artistic director self-petitioner sought NIW for endeavor promoting Brazilian art and culture in United States. AAO found endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact extending to performing arts field, cultural enrichment, or economy at national level.

A singer sought EB-1A extraordinary ability classification. She met three initial evidentiary criteria but failed to demonstrate sustained national or international acclaim or placement among the very top of her field. The AAO dismissed the appeal, finding her achievements insufficient for the high standard required.

An architectural designer from Brazil sought EB-2 NIW to establish an architecture and interior design business. The AAO dismissed the appeal because the petitioner failed to meet EB-2 categorical eligibility requirements and the proposed endeavor lacked demonstrated national importance with broader implications to the architectural field.

An artist sought EB-1A extraordinary ability classification. She claimed four criteria and the Director found two met. On appeal, the AAO determined that even the two met criteria were insufficient and that the remaining claimed criteria were not established. The petitioner failed to demonstrate sustained national or international acclaim required for extraordinary ability.

Architect sought NIW under EB-2 for sustainable architectural design and project management work. Petitioner claimed focus on sustainability, construction quality, and furniture design would demonstrate national importance. AAO held the proposed endeavor lacks national importance; general descriptions and assertions insufficient; no specific evidence of broader prospective impact on sustainable development field.

A pastry chef self-petitioner sought EB-1A classification based on extraordinary ability. The petitioner claimed four criteria on appeal. The AAO found the petitioner failed to meet three criteria initially required and did not reach additional claimed criteria. No evidence demonstrated sustained national or international acclaim or top-of-field status.