Can performing arts professionals get an O-1B? What 54 AAO decisions say
Published AAO non-precedent decisions, 2004–2025 · updated 2026-10-16
Between 2004 and 2025 the AAO published 54 O-1B appeal decisions from performing arts petitioners and sustained none of them. 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
No O-1B appeal from performing arts petitioners was sustained in this period. The record shows what did not work; it does not show what would.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 1 (—) | 0 | 0 | 1 |
| 2024 | 2 (—) | 0 | 0 | 2 |
| 2022 | 2 (—) | 0 | 0 | 2 |
| 2021 | 3 (—) | 0 | 0 | 3 |
| 2020 | 2 (—) | 0 | 0 | 2 |
| 2017 | 3 (—) | 0 | 0 | 3 |
| 2016 | 2 (—) | 0 | 0 | 2 |
| 2015 | 7 (—) | 0 | 0 | 7 |
| 2014 | 4 (—) | 0 | 0 | 4 |
| 2013 | 3 (—) | 0 | 0 | 3 |
| 2012 | 1 (—) | 0 | 0 | 1 |
| 2011 | 3 (—) | 0 | 0 | 3 |
| 2010 | 7 (—) | 0 | 0 | 7 |
| 2009 | 5 (—) | 0 | 0 | 5 |
| 2005 | 3 (—) | 0 | 0 | 3 |
| 2004 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Significant recognition | 60 | 0 | 60 | 100.0% |
| Leading or critical role | 51 | 0 | 51 | 100.0% |
| Awards or prizes | 32 | 0 | 32 | 100.0% |
| High salary or remuneration | 21 | 0 | 21 | 100.0% |
| Commercial success | 19 | 0 | 19 | — |
| Sustained acclaim/extraordinary ability | 10 | 0 | 10 | — |
Example Decisions
Dismissed2025-01-31The appeal was dismissed because the AAO determined the beneficiary's dance competition awards were not significant national or international prizes comparable to major industry awards like an Emmy or Grammy.…
Dismissed2024-12-11The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum of three required evidentiary criteria. The AAO found the petitioner did not sufficiently claim or provide…
Dismissed2024-09-27The appeal was dismissed because the petition's approval was revoked due to a 'gross error.' A new petitioner/employer was improperly substituted in response to a Request for Evidence (RFE), which constitutes a material…
Dismissed2022-12-29The appeal was dismissed because the petitioner incorrectly classified the beneficiary, a competitive ballroom dancer, under the O-1B 'arts' category. The AAO determined the beneficiary's proposed activities, primarily…
Dismissed2022-03-24The motion to reconsider was dismissed because it failed to meet the procedural requirements. A motion to reconsider must establish that the prior decision was based on an incorrect application of law or policy, but the…
Sample: published AAO non-precedent decisions collected from uscis.gov, 2004–2025. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.
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