Can visual artists get an EB-1A? What 429 AAO decisions say

Published AAO non-precedent decisions, 2003–2024 · updated 2026-10-16

Between 2003 and 2024 the AAO published 429 EB-1A appeal decisions from visual arts petitioners; 13 were sustained and 321 dismissed. The most common ground for dismissal: not shown to be among the small percentage at the very top of the field (final merits) (180 of the 372 merits dismissals, 48%). Second: awards not shown to be nationally or internationally recognized (38, 10%). What the sustained decisions had: leading or critical role for distinguished organizations; final merits: among the small percentage at the top of the field. These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.

What the decisions say

Grounds for dismissal, by frequency

  1. 180 of 372 Not shown to be among the small percentage at the very top of the field (final merits)
    “The petitioner did not prove that articles about his work were published in major media, and evidence of his exhibitions lacked documentation of critical acclaim or significant recognition.” AAO, 2005
  2. 38 of 372 Awards not shown to be nationally or internationally recognized
    “Although the Director and AAO agreed the petitioner met the criteria for judging others' work and displaying his work at artistic exhibitions, the evidence provided for other criteria, such as 'lesser awards,' was insufficient to establish the national or…” AAO, 2021

What the 13 sustained decisions had

  1. 2 of 13 Leading or critical role for distinguished organizations
    “Specifically, the AAO concluded that the beneficiary satisfied the 'leading or critical role' criterion based on her position as an Associate Curator for a distinguished art museum.” AAO, 2021
  2. 2 of 13 Final merits: among the small percentage at the top of the field
    “These factors, considered together, established that he is among the small percentage at the top of his field.” AAO, 2020

Outcomes by Year

YearDismissedSustainedRemandedTotal
20249 (—)0817
20237 (—)119
202214 (—)1116
202111 (—)1113
202013 (—)2015
201914 (—)0115
20189 (—)009
20179 (—)0211
20168 (—)109
201510 (—)1112
201413 (—)0013
201317 (—)0118
201231 (96.9%)1032
201117 (—)1018
201010 (—)0010
200917 (—)1119
200810 (—)1011
20079 (—)009
200617 (—)0118
200570 (95.9%)2173
20043 (—)003
20033 (—)003

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Prizes or awards276629593.6%
Published material about the alien1551218086.1%
Artistic exhibitions or showcases1301015385.0%
Membership in associations134414691.8%
Original contributions of major significance93810886.1%
Judging7489181.3%
Leading or critical role6067382.2%
High salary or remuneration6126692.4%
Authorship of scholarly articles5456385.7%
Sustained national or international acclaim4905490.7%
Commercial success in performing arts4715192.2%
Procedural/filing26026100.0%

Example Decisions

Sustained2021-03-26The appeal was sustained because the AAO found that the petitioner had met at least three of the required evidentiary criteria, contrary to the Director's initial decision. Specifically, the AAO concluded that the… Sustained2015-09-23The Director initially denied the petition at the final merits stage, finding the petitioner had not demonstrated sustained national or international acclaim. The AAO sustained the appeal, concluding that the petitioner… Sustained2016-11-29The Director initially found the petitioner, an actress and playwright, met only two criteria. The AAO sustained the appeal because it found she met a third criterion: performing in a leading role for an organization… Sustained2011-03-11The AAO reopened the case on its own motion to reconsider the evidence consistent with the legal framework established in the Kazarian v. USCIS court decision. Upon re-evaluation under this standard, the AAO found that… Sustained2009-08-25The appeal was sustained because the AAO found that the director erroneously dismissed the petitioner's achievements as inherent to the field without considering their level. The petitioner submitted extensive evidence,… Dismissed2005-05-25The appeal was summarily dismissed because the petitioner failed to submit a brief, evidence, or any specific arguments to challenge the director's decision. The petitioner did not specifically address the reasons for… Dismissed2005-05-25The appeal was summarily dismissed because the petitioner failed to submit a brief or any evidence to challenge the director's findings. The petitioner did not identify any specific erroneous conclusion of law or… DismissedThe appeal was dismissed because the petitioner failed to establish sustained national or international acclaim. The evidence submitted for the 'published material' criterion was deemed insufficient, as the articles… Dismissed2005-07-18The appeal was dismissed because the petitioner did not establish the sustained national or international acclaim required for the classification. While the AAO found the petitioner met the criterion for lesser… DismissedThe appeal was dismissed because the petitioner failed to demonstrate sustained national or international acclaim. The AAO determined the evidence was insufficient, finding that the petitioner's academic diplomas did…
In sustained EB-1A appeals for Visual Arts petitioners, the AAO credited evidence such as published material about the petitioner in major media or professional publications; documented professional engagements, exhibitions, or contracts. Dismissed cases most often lacked that the awards were nationally or internationally recognized (not merely regional or local); salary compared to others in the field (no comparison data was provided); sustained national or international acclaim in the final merits determination.

Sample: published AAO non-precedent decisions collected from uscis.gov, 2003–2024. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

Filing your own EB-1A? See how your CV maps to the criteria — free strategy preview.
Get Your Free Strategy Preview →