Published AAO appeal decisions

A business petitioned for O-1A status for a physiotherapist, and the director denied it for failing the initial evidentiary requirements. On appeal, the AAO found the matter moot because another petition for the same worker had since been approved, so it did not reach the merits and dismissed the appeal.

Social services organization petitioned for O-1A nonimmigrant visa for traditional Chinese medicine practitioner and acupuncturist. Beneficiary claimed four criteria but satisfied only one. AAO affirmed denial, finding no major award and fewer than three criteria met; insufficient for O-1A eligibility.

An outpatient mental health clinic sought O-1A extension for a psychotherapist. The decision notes the beneficiary works in psychotherapy and mental health, which is not listed in the O-1A regulatory categories (sciences, education, business, athletics). This appears to be O-1B or an inappropriate O-1A classification. The visa category attribute conflicts with the field.

A staffing company sought to employ a respiratory therapist under the H-1B specialty occupation classification, not O-1A. The director denied the petition for lack of required state licensure. The AAO dismissed the appeal, finding no license and no showing that the position qualifies as a specialty occupation under any criterion.

An employer petitioned for O-1A classification of an endocrinologist for temporary three-year employment. The AAO held the beneficiary met only the membership criterion but failed to establish three criteria overall and lacked sustained national or international acclaim required for extraordinary ability.