Why does the AAO dismiss O-1B appeals from music petitioners?

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

Is the 93.1% dismissal rate the O-1B approval rate for music?

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 musicians get an O-1B? What 58 AAO decisions say

Published AAO non-precedent decisions, 2002–2024 · updated 2026-10-16

Between 2002 and 2024 the AAO published 58 O-1B appeal decisions from music petitioners; 1 was sustained and 54 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	Remanded	Total
2024	1 (—)	0	0	1
2023	4 (—)	0	0	4
2022	2 (—)	0	1	3
2021	7 (—)	0	0	7
2020	2 (—)	0	0	2
2018	3 (—)	0	0	3
2015	3 (—)	0	0	3
2014	2 (—)	0	0	2
2013	4 (—)	0	0	4
2012	2 (—)	0	0	2
2011	8 (—)	0	0	8
2010	3 (—)	1	0	4
2008	1 (—)	0	0	1
2007	2 (—)	0	0	2
2006	4 (—)	0	0	4
2005	3 (—)	0	0	3
2004	3 (—)	0	0	3
2002	0 (—)	0	1	1

Criteria Breakdown

Criterion	In Dismissed	In Sustained	Total	Dismissal Rate
Leading or critical role	54	0	58	93.1%
Significant recognition	41	0	44	93.2%
Awards or prizes	34	0	36	94.4%
High salary or remuneration	19	0	21	90.5%
Published material	16	0	17	—
Procedural/filing	15	1	16	—
Commercial success	12	0	14	—
Sustained acclaim/extraordinary ability	12	0	12	—

Example Decisions

Dismissed2024-09-25The appeal was dismissed because the petitioner failed to demonstrate the beneficiary met at least three regulatory criteria. Specifically, the evidence did not establish that the beneficiary would perform in future… Dismissed2023-12-13The appeal was dismissed because the petitioner failed to provide sufficient evidence to meet the claimed criteria. The AAO affirmed the director's findings that recommendation letters did not qualify as evidence for a… Dismissed2023-10-18The appeal was dismissed because the petitioner improperly included O-2 beneficiaries on the O-1 petition, which is against regulations. Additionally, the petitioner failed to establish that the beneficiary had been… Dismissed2023-08-31The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum of three evidentiary criteria required for the O-1B classification. The Director found only one criterion was met,… Dismissed2023-02-22The 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 participant' criterion, the petitioner did not…

Sample: published AAO non-precedent decisions collected from uscis.gov, 2002–2024. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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