Published AAO appeal decisions

A disc jockey and music producer sought EB-1A extraordinary ability classification. The AAO found he met two of ten criteria: membership and judging. Awards lacked national recognition, original contributions showed no major field impact, and leadership roles were insufficiently documented. Appeal dismissed; petitioner failed to meet three-criterion minimum.

Dance coach and choreographer met published material, judging, exhibitions, and leading role criteria. However, AAO found insufficient evidence of sustained national or international acclaim or placement among top choreographers despite successful local dance school. Appeal dismissed.

A Georgian folk dance studio petitioned for a choreographer beneficiary as O-1 extraordinary ability in the arts. The director found one criterion met; the petitioner claimed two additional criteria on appeal. The AAO found no evidence of lead or starring roles with distinguished reputation organizations, no sufficient information on future roles, and comparable evidence arguments failed. Fewer than three criteria met; appeal dismissed.

Violist sought EB-1A extraordinary ability classification in the arts. AAO found she satisfied only one of ten required criteria, lacking sufficient evidence of national or international recognition, critical roles, or commercial success to demonstrate sustained acclaim and top-tier status.

A talent agency petitioned for a hip-hop/street jazz dancer and instructor for O-1A classification. The agency claimed an award, lead roles in productions, and published material about the beneficiary. The AAO found the award lacked national or international prominence, the dancer was one of several performers rather than lead, and articles did not establish distinguished roles, dismissing the appeal.

Operetta performer sought EB-1A extraordinary ability classification in arts. Petitioner met three initial evidentiary criteria (judging, exhibitions, published material) but failed final merits determination. AAO found petitioner talented but not demonstrating sustained acclaim or top-tier status required for extraordinary ability.

Film director and screenwriter appealed EB-1A denial. Met only one of ten criteria (judging). AAO reversed director's favorable finding on awards and rejected claims of published material, original contributions, and high salary due to insufficient documentation and specificity.

A pop singer sought extraordinary ability classification, claiming a major award and eight regulatory criteria. The appeals office found no qualifying one-time achievement and fewer than three criteria satisfied, citing missing evidence of recognition, membership requirements, media details and sales receipts. The appeal was dismissed, with the aggregate record also falling short.

A dancer and choreographer sought extraordinary ability classification, and the service center denied the petition. On appeal the petitioner filed no brief or evidence despite saying one would follow. The AAO summarily dismissed the appeal because it identified no specific erroneous conclusion of law or fact. No criteria were analyzed.

Peking opera performer met three initial criteria but appeal dismissed on two grounds: lack of credible intent to continue performing in field upon entry, and failure to demonstrate sustained acclaim through filing date. Prior recognition ended by 2010.

A video production and advertising company petitioned for O-1A classification for a director of videography and producer. AAO dismissed appeal, finding beneficiary failed to meet evidentiary criteria: awards were employer's not beneficiary's; future distinguished employment not established; published material and salary evidence insufficient.

A comedic actor sought EB-1A classification. The AAO found she met only the exhibitions criterion but failed membership, published material, judging, original contributions, and critical role criteria. She did not claim or satisfy the threshold major award. The appeal was dismissed because she did not meet the three-criterion minimum.

A ballet company petitioned for O-1A classification for a principal dancer. The petitioner claimed the beneficiary met at least three of six regulatory criteria through awards, publications, and critical roles. The AAO held none were satisfied: awards were limited to student-age competitors, no major publications documented the beneficiary, and past roles were student performances rather than professional lead roles. Appeal dismissed.

An actor and voice-acting instructor sought EB-1A classification. The AAO found he met the awards and exhibitions criteria but failed the salary, critical role, and original contributions criteria. With only two of three required criteria satisfied, the appeal was dismissed.

Actor in motion picture and television sponsored by talent agency for O-1 classification. Agency met only one of six regulatory criteria; decision found petitioner did not establish roles with distinguished reputation or organizations and did not satisfy three-criterion threshold required for extraordinary achievement in film and television.

Dancer and choreographer sought extraordinary ability classification. Claimed six criteria but met only one. Decision held that nominating is not receiving an award, performances lack field impact, and background dancer role lacks responsibility for organizational success or commercial outcomes.

An agent sought O-1A classification for an actor beneficiary. The beneficiary satisfied only one of six required criteria; the decision found insufficient evidence of future leading roles and failed to provide required consultation from a peer group in performing arts, resulting in dismissal.

A video producer and director claimed EB-1A extraordinary ability. The AAO held he failed to establish initial evidence, meeting only two criteria when three were required and lacking a major internationally recognized one-time achievement. Aggregate evidence did not demonstrate the expertise level required for this classification.

An actor from Nepal sought EB-1A classification as an artist of extraordinary ability. He met three initial criteria: published material, awards, and exhibitions. The AAO dismissed the appeal on final merits, finding insufficient evidence of sustained national or international acclaim or recognition at the very top of his field.

Music producer sought EB-1A extraordinary ability classification. AAO found he met three initial evidence criteria but failed final merits determination: recognition limited to collaborators and associates, lacking sustained national or international acclaim positioning him among the very top of the field.

Production company petitions for O-1A visa for beneficiary as film producer and editor. Beneficiary lacks significant national or international award in field and has not demonstrated lead or starring roles in productions with distinguished reputation, failing to satisfy required evidentiary threshold for extraordinary ability in arts.

A college television station petitioned for a cinematographer and broadcast associate as an artist of extraordinary ability. The appeals office found two criteria satisfied, exhibitions and critical role, and withdrew the director's judging finding. Awards, published material and original contributions failed, so the minimum of three was not reached and the appeal was dismissed.

An actor sought O-1A classification for extraordinary ability in the arts. The petitioner claimed a nomination for a prestigious college acting competition as a significant award but failed to demonstrate national or international recognition. The AAO affirmed dismissal because the award was not established as nationally or internationally significant and did not analyze other criteria.

A post-production designer and animator in advertising and film sought EB-1A classification. The petitioner claimed three criteria but failed to satisfy the plain language requirements of any of them. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability.