Published AAO appeal decisions

An opera soprano sought EB-1A classification as an artist of extraordinary ability. She satisfied three initial criteria: awards, judging, and exhibitions. However, the AAO found she failed the final merits determination, lacking the sustained national or international acclaim necessary to demonstrate she is among the small percentage at the very top of her field.

A professional dancer was proposed for O-1B classification as a person of extraordinary ability in the arts, which is outside the O-1A category. The AAO dismissed the appeal. The evidence of lead or starring roles lacked reviews and similar documentation, and the dancer was not shown to be distinguished from other professionals.

A talent management business sought O-1 classification for a singer and performer in the arts, which is not O-1A. The director denied the petition for lack of extraordinary ability evidence and missing contracts and itinerary. The AAO summarily dismissed the appeal because no specific error was identified and no promised brief was filed.

An agent petitioned for an experimental stage and screen actor under the O-1 category for the motion picture and television industry, which is the O-1B arts classification and not O-1A. The AAO dismissed the appeal because fewer than three evidentiary criteria were met and the evidence as a whole fell short.

Singer applying for O-1A visa. Petitioner claimed eligibility under seven criteria but satisfied none of three required. Award received while student not shown open to professionals; wage comparable to average levels in market. Petition fails initial evidentiary threshold. Appeal dismissed.

A pianist sought extraordinary ability classification in the arts after the service center denied the petition and dismissed a motion. The AAO dismissed the appeal, finding the award and contribution evidence insufficient, so fewer than three criteria were satisfied, and the overall record did not show sustained acclaim or top-of-field standing.

Singer and performer sought EB-1A extraordinary ability classification. Petitioner claimed four criteria but failed to meet three-criterion threshold. Award lacked national or international recognition. Final merits review found petitioner did not achieve sustained acclaim or top-tier field status.

Film industry professional claimed extraordinary ability based on awards. AAO upheld denial because petitioner failed to provide evidence of award receipt and did not establish awards were major, internationally recognized. Opinion letters from experts not considered under EB-1A criteria.

The petitioner is a music producer and arranger who claimed to meet seven of the ten extraordinary ability criteria and also sought to rely on comparable evidence. The AAO dismissed the appeal, holding that comparable evidence was unavailable for this occupation and that the awards evidence did not show the petitioner personally received qualifying prizes.

Performing arts professional claimed extraordinary ability. AAO upheld director's denial, finding only one of multiple claimed criteria met: judging. Awards and published material claims failed under plain language requirements. Burden not met to establish extraordinary ability.

A singer-actress did not establish extraordinary ability. Published material lacked proper documentation, translations, and evidence of major media publication. Original contributions were unsupported. Petitioner failed to meet three regulatory criteria and did not demonstrate top-tier expertise.

A playwright and theatre artist, self-represented, sought EB-1A classification. The AAO reviewed claimed criteria including awards, membership, published material, and contributions, finding each unmet because of a missing award, non-selective membership, an undated article, and letters lacking major significance. Other claims were abandoned or unclear. The appeal was dismissed.

An actor sought extraordinary ability classification as a self-petitioner. After the director denied the petition, counsel appealed with only a general assertion of eligibility and never filed the promised brief or evidence. The AAO summarily dismissed the appeal because it identified no specific error of law or fact.

Musician and composer. Claimed publications, judging, original contributions, and scholarly articles. AAO found judging criterion met but original contributions unsupported by letter quality and scholarly articles deficient due to single submission. Final merits assessment found insufficient evidence of sustained acclaim or top-tier status. Appeal dismissed.

An entertainer petitioner claimed extraordinary ability through awards, published material, and other criteria. The AAO found only high salary criterion met. Because at least three criteria must be satisfied, and only one was established, the petition failed to meet basic eligibility requirements. Appeal dismissed.

A music producer claimed extraordinary ability based on Latin Grammy nomination and collaboration with a Latin Grammy winner. The AAO dismissed the appeal, finding the nomination insufficient as a major award, web articles not qualifying published material, and the collaboration not demonstrating original contributions of major significance.

A musician petitioned for EB-1A extraordinary ability classification. The AAO upheld the director's denial, finding the petitioner failed to meet at least three regulatory criteria and lacked evidence of sustained national or international acclaim necessary for the highest classification tier.

Employer-sponsored petition for performing artist seeking EB-1A extraordinary ability. Petitioner met only one criterion. The AAO affirmed denial, finding insufficient evidence of sustained national or international acclaim and failure to meet the threshold of three evidentiary categories required for final merits determination.

A film director and writer sought extraordinary ability classification, with counsel never clearly tying evidence to specific criteria. The AAO found counsel failed to identify which criteria applied, treated a director's misstatement of field as harmless, and dismissed the appeal because the petitioner did not carry the burden of proof.

Actress sought extraordinary ability classification. Director found only one criterion met; AAO withdrew that finding and found published material and awards criteria not met, and exhibitions criterion inapplicable to performing artist. Overall evidence insufficient to show petitioner among small percentage at field top.

Contemporary classical music composer petitioner claimed four criteria. AAO found awards lack proper foreign language translations and supporting evidence of competitive recognition. Remaining three criteria not analyzed. Appeal dismissed.

A musician appealed denial of extraordinary ability classification. The AAO dismissed the appeal summarily because the petitioner failed to identify specific errors in the director's decision and did not submit a promised brief with additional evidence within one year.