Published AAO appeal decisions

A musician sought EB-1A classification by claiming eight criteria. The AAO found one criterion satisfied but dismissed the appeal because the petitioner failed to establish three of ten required criteria. The decision held that the petitioner lacked the sustained national or international acclaim and top-tier status required for extraordinary ability.

A Russian-trained musician seeks EB-1A classification for extraordinary ability. He claimed five criteria but only addressed awards on appeal. The AAO found he failed to satisfy three of ten criteria and lacks sustained national or international acclaim required for the classification.

Television and film producer sought EB-1A extraordinary ability classification. Met published material criterion but failed three remaining claimed criteria. Appeal dismissed because petitioner established only one criterion and lacks sustained national or international acclaim at top of field.

Singer sought EB-1A extraordinary ability classification. AAO held she met only one of ten initial criteria (judging); failed to satisfy three-criterion threshold. Evidence of awards lacked international recognition, organizational memberships uncertified, published material articles improperly documented, and overall record failed to show sustained acclaim at field's top tier.

A ballroom dance academy petitioned to classify a ballroom dance teacher as O-1A extraordinary ability. The petition was originally approved but revoked due to procedural error: the beneficiary changed employers without filing a new petition, merely amending the prior one. The AAO upheld revocation because regulations require a new petition, not an amendment, for employer changes.

An actor with over two decades in film and television claimed seven evidentiary criteria and extraordinary ability. The director found three criteria met. The AAO dismissed the appeal, concluding the petitioner did not demonstrate sustained national or international acclaim or achievement placing him among the very top in entertainment, despite being accomplished.

Restaurant petitioned for executive chef's O-1A classification. AAO dismissed motion to reconsider, holding petitioner failed to raise new legal or factual grounds and repeated prior arguments without addressing erroneous application of law.

A musician who runs music workshops for children sought EB-2 exceptional ability classification together with a national interest waiver. The AAO adopted the Director's findings that none of the regulatory criteria were satisfied, citing insufficient corroboration, and dismissed the appeal, reserving the Dhanasar waiver analysis as unnecessary.

An art studio sought O-1A nonimmigrant classification for an art director in motion pictures or television. Petition failed mandatory consultation requirement: lacking written advisory opinions from DGA union and AMPTP management organization. Petitioner presented evidence for first time on appeal after RFE, which was not considered. Appeal dismissed without addressing extraordinary achievement criteria.

A screenwriter, director and producer sought extraordinary ability classification. The service center accepted that three initial criteria were satisfied but found no sustained acclaim. The appeal was dismissed because the final merits review showed only one dated award and shared project success, without individual recognition at the very top of the field.

Pianist sought extraordinary ability classification claiming published material, leading roles, and artistic exhibitions. AAO found no criteria satisfied. Published materials lacked required circulation data; concert performances were regional with no evidence of distinguished organization roles. Record showed local media coverage and restaurant employment, insufficient for sustained national or international acclaim.

Musician and vocal artist with recent bachelor's degree sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met at least three criteria but failed final merits determination; record does not demonstrate sustained national or international acclaim or placement among small percentage at top of field.

Music producer and director in Christian music specializing in organizing and producing concerts. Claimed three evidentiary criteria. AAO held petitioner meets none: award lacks national recognition, original contributions lack major significance in music production field broadly, and video views do not constitute recognized commercial success evidence. Overall record lacks sustained acclaim.

A singer self-petitioned for EB-1A extraordinary ability, claiming five criteria. The AAO dismissed, finding he met none: awards lacked national recognition, membership not established, published material insufficient and post-dated filing, and judging and contributions claims waived. Overall evidence insufficient for sustained national acclaim.

An actor sought EB-1A extraordinary ability classification. She met four evidentiary criteria but the AAO agreed with the director that the record does not establish sustained national or international acclaim or that she ranks among the top small percentage of actors in her field. Appeal dismissed.

Restaurant petitioned for O-1A classification for executive chef of extraordinary ability. AAO dismissed appeal because beneficiary failed to demonstrate nomination for significant awards or at least three of six regulatory criteria; evidence of participation in distinguished productions and published recognition was insufficient.

A singer sought EB-1A classification claiming five criteria. The AAO affirmed the director's finding that the applicant met only the exhibitions criterion. The claimed awards and leading role criteria failed because the petitioner did not establish that awards recognized excellence in the field or that his success was sustained and internationally acclaimed.

A salsa dancer, choreographer and instructor claims extraordinary ability. The AAO affirmed dismissal because the petitioner demonstrated only two of ten required criteria: judging and exhibitions. The remaining claimed criteria were not sufficiently established, falling short of the three-criterion threshold for final merits review.

Photography director with sixteen years experience sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner lacked exceptional ability and proposed endeavor failed to satisfy Dhanasar's first prong requiring substantial merit and national importance.

Voice actor seeking EB-1A extraordinary ability classification. Claimed four evidentiary criteria including published material and commercial success. AAO found criteria for published material and commercial success unmet and did not reach two additional criteria because petitioner failed to establish three required criteria. Appeal dismissed.

A television producer sought EB-1A extraordinary ability classification. The AAO dismissed because the petitioner satisfied fewer than three of the required ten regulatory criteria. She failed to establish a major award, proper professional association membership, contemporaneous published material about her, and judging participation that existed at the time of filing.

A performing artist (actor, producer, theater and film) with fifteen years experience met four evidentiary criteria for EB-1A extraordinary ability. The AAO agreed she satisfied initial evidence requirements but dismissed the appeal, finding the record lacks evidence of sustained national or international acclaim required to demonstrate she is among the very few at the top of her field.

A cinematographer from Kazakhstan sought EB-1A extraordinary ability classification. Although the AAO found one criterion met (exhibitions), the applicant failed to establish three total criteria and lacked evidence of sustained national or international acclaim required for the classification.

Communications specialist in film and television seeking EB-2 with NIW. Qualified for EB-2 advanced degree category. AAO found proposed work has substantial merit but not national importance; a single communications specialist's benefits too limited to advance field or boost economy nationally.

An actor sought EB-1A extraordinary ability classification. He claimed seven criteria and met only one. The AAO dismissed the appeal, finding he did not satisfy the three-criterion minimum. His published materials were not verifiable or in major outlets, his membership lacked outstanding achievement requirements, his salary was not significantly high compared to peers, and his commercial success was insufficient by volume.