Published AAO appeal decisions

A musician who plays a folk stringed instrument sought extraordinary ability classification, claiming six criteria. The Director found four met. The AAO withdrew two of those findings, leaving only two criteria satisfied, short of the required three, and dismissed the appeal.

Restaurant and catering business petitioned for culinary director as O-1A extraordinary ability beneficiary. AAO found beneficiary met only one of six possible criteria (high salary) and failed to demonstrate sustained national or international acclaim or distinguished reputation in culinary events, thus denying the petition.

A film and media editor sought EB-1A extraordinary ability classification. Though he met only one criterion (exhibitions), the AAO rejected awards and leading role findings due to insufficient documentation. He failed to meet the three-criterion threshold and lacked evidence of sustained national or international acclaim.

A talent agency petitioned for O-1A classification for a stand-up comedian. The petitioner claimed lead performer status, national recognition, and commercial success. The AAO found the petitioner satisfied fewer than three required evidentiary criteria and dismissed the appeal without reaching the overall sustained acclaim analysis.

An actress sought O-1A classification for extraordinary ability. The petitioner (production company) filed a third motion to reconsider after two prior dismissals, resubmitting identical arguments and evidence without demonstrating legal or policy errors in prior decisions. The AAO dismissed the motion because the petitioner failed to meet the procedural requirement of showing proper cause under applicable regulations.

A television host sought extraordinary ability classification, claiming seven criteria on appeal. The Director had accepted only judging. The AAO dismissed the appeal, finding awards, published material and original contributions unproven, leaving the petitioner short of three criteria, and noting that sustained acclaim and top-of-field standing were not shown.

Sound engineer and technical director in television and radio industry sought EB-1A extraordinary ability. Failed to meet three of ten initial evidentiary criteria; judging and exhibitions claims withdrawn or unsupported, original contributions lacked objective attribution. AAO dismissed, finding insufficient sustained acclaim.

An actor sought extraordinary ability classification under EB-1A. The service center denied the petition partly because the petitioner failed to demonstrate intent to continue work in the field in the United States despite requests for evidence. The AAO dismissed the appeal without addressing the claimed evidentiary criteria because the petitioner waived the intent to work issue.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

Filmmaker with MFA in film directing sought EB-1A extraordinary ability classification. Met only one criterion (film festival screenings). AAO affirmed denial: petitioner did not establish three required criteria and failed to demonstrate sustained national or international acclaim or position among very top of field.

An actress in Chinese film and television sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, holding that while petitioner met three evidentiary criteria, the record did not demonstrate sustained national or international acclaim required under the two-part Kazarian analysis.

Musician and music group leader seeking extraordinary ability classification. Claimed three additional criteria beyond two met by director. AAO found published material and artistic display criteria satisfied but rejected awards and original contributions claims. Final merits determination found petitioner progressing toward top but lacking sustained acclaim required for classification.

Film, commercial, and music video producer and founding executive of production company seeks EB-1A extraordinary ability classification. Petitioner met three evidentiary criteria. AAO affirmed denial on final merits, finding insufficient evidence of sustained national or international acclaim or position at the very top of the field.

Executive producer in entertainment seeks EB-1A classification. Claimed four awards, published materials, leading role, and high salary. AAO found one award met criterion and director had already granted leading role criterion, but rejected claim of major internationally recognized award and found petitioner did not demonstrate extraordinary ability or sustained acclaim at top of field.

Theater actress with over a decade of experience sought EB-1A extraordinary ability classification. Met three evidentiary criteria: published material, judging experience, and artistic exhibition participation. AAO affirmed denial on final merits, finding insufficient evidence of sustained national or international acclaim or top-tier field status.

Sound design and editing specialist claimed extraordinary ability under EB-1A, asserting eligibility for seven criteria. AAO found petitioner met none of the required ten criteria and dismissed the appeal, finding awards lacked national recognition and MPSE membership did not satisfy requirements.

A business management company petitioned for O-1A classification for a writer, creator, and executive producer in motion picture or television. The Director denied based on deficient event descriptions. On appeal, the AAO dismissed the petition as moot because the beneficiary had already adjusted to permanent resident status in September 2021 after filing the appeal.

Musical director claiming extraordinary ability under EB-1A. Petitioner claimed six criteria and a major international award. AAO found the award not established as major or internationally recognized, abandoned on appeal. None of the six claimed evidentiary criteria were satisfied. Appeal dismissed.

Film actress sought EB-1A extraordinary ability classification. Petitioner claimed awards, published media, exhibitions, critical roles, and commercial success. AAO found only two criteria met and rejected others; determined petitioner lacks sustained acclaim and does not rank among the very top of the field.

Director of photography sought EB-1A extraordinary ability classification. Petitioner worked on award-winning films screened at festivals and held O-1 nonimmigrant status. AAO found criterion regarding artistic exhibitions satisfied but rejected claims regarding awards as petitioner lacked personal receipt of nationally recognized prizes, and found overall evidence insufficient for extraordinary ability.

Independent filmmaker from Zimbabwe seeking extraordinary ability classification. Met four initial evidentiary criteria: awards, published material, judging, and artistic display. AAO dismissed on final merits, finding petitioner respected domestically but lacking sustained national or international acclaim and not at very top of field required for classification.

A singer claimed extraordinary ability through seven criteria: awards, published material, judging, original contributions, displays, and two unspecified criteria. She met judging and display criteria but fell short of the required three minimum. The AAO dismissed the appeal, finding the evidence insufficient to demonstrate sustained national or international acclaim at the very top of her field.

Television producer sought EB-1A classification. Met three initial criteria: published material, judging, and scholarly articles. AAO found initial requirements satisfied but rejected final merits, concluding limited publication record and single judging instance insufficient to demonstrate sustained acclaim or elite status. Appeal dismissed.

A professional violist sought extraordinary ability classification, claiming four evidentiary criteria. The service center accepted two, and on appeal he argued only an additional awards criterion. The AAO found the prize lacked shown recognition, so three criteria were not met, and it advised the aggregate record also showed insufficient acclaim.

An orchestral musician seeks extraordinary ability classification. She claims five criteria including awards, membership, judging, exhibitions, and leading role. AAO found only leading role met; insufficient criteria. Petitioner lacks demonstrated sustained national or international acclaim required for extraordinary ability.