Why does the AAO dismiss O-1B appeals from fashion & design petitioners?

The criterion most often at issue was Leading or critical role.

Is the 90.5% dismissal rate the O-1B approval rate for fashion & design?

No. These are published AAO decisions on appeals of denials, not all USCIS adjudications. Approved petitions are never appealed, so the dismissal rate on appeal is not an initial-filing approval rate. It shows which arguments the AAO rejected and which it accepted.

Can fashion & design professionals get an O-1B? What 21 AAO decisions say

Published AAO non-precedent decisions, 2004–2024 · updated 2026-10-16

Between 2004 and 2024 the AAO published 21 O-1B appeal decisions from fashion & design petitioners; 2 were sustained and 19 dismissed. 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

Outcomes by Year

Year	Dismissed	Sustained	Total
2024	1 (—)	0	1
2023	1 (—)	0	1
2021	1 (—)	0	1
2020	2 (—)	0	2
2018	3 (—)	0	3
2017	2 (—)	0	2
2015	1 (—)	0	1
2013	2 (—)	0	2
2012	1 (—)	0	1
2011	0 (—)	1	1
2010	2 (—)	1	3
2009	1 (—)	0	1
2005	1 (—)	0	1
2004	1 (—)	0	1

Criteria Breakdown

Criterion	In Dismissed	In Sustained	Total	Dismissal Rate
Leading or critical role	14	0	14	—
Significant recognition	10	0	10	—

Example Decisions

Sustained2011-05-18The director denied the petition because the petitioner, a model management firm acting as an agent, failed to provide a complete itinerary of events and contracts with the beneficiary's future employers. The AAO… Sustained2010-10-29The director denied the petition for failing to establish that the beneficiary would be engaged for a specific 'event or events' with defined start and end dates. The AAO sustained the appeal and withdrew the director's… Dismissed2024-04-25The appeal was dismissed because the petitioner failed to establish that the beneficiary met at least three of the required evidentiary criteria. The AAO affirmed the Director's finding that only two criteria were… Dismissed2023-10-26The appeal was dismissed because the petitioner failed to establish that the beneficiary met at least three of the required evidentiary criteria. For the 'lead or starring role' criterion, the petitioner did not provide… Dismissed2021-07-16The appeal was dismissed because the petitioner failed to establish that the beneficiary met at least three of the required evidentiary criteria for an individual with extraordinary ability in the arts. The Director… Dismissed2020-09-24The appeal was dismissed because the petitioner failed to establish that the beneficiary, a fashion designer, met the required evidentiary criteria. The evidence did not demonstrate that the beneficiary performed in a… Dismissed2020-08-25The appeal was dismissed because the petitioner failed to address two of the four grounds for the initial denial. The petitioner did not dispute the Director's findings regarding its qualification as a United States…

In sustained O-1B appeals for Fashion & Design petitioners, the AAO credited evidence such as documented professional engagements or performances. Dismissed cases most often lacked an overall finding of extraordinary ability or sustained acclaim.

Sample: published AAO non-precedent decisions collected from uscis.gov, 2004–2024. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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