Published AAO appeal decisions

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.

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.

A film and television producer was the beneficiary of an O-1 petition filed by a production company. The director revoked approval for lack of extraordinary achievement. The AAO withdrew that decision and remanded it so the director could consider the evidence submitted in response to the notice of intent and the petitioner's apparent dissolution.

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.