Published AAO appeal decisions

An entertainment business sought to employ a musician in O-1 status, which concerns the arts rather than O-1A. The director denied the petition for lack of a bona fide employer and definite employment. Given new evidence on appeal, the AAO withdrew the denial and remanded for a new decision.

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 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 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.