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

The criterion most often at issue was Significant recognition.

Is the 97.7% dismissal rate the O-1B approval rate for visual arts?

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 visual artists get an O-1B? What 44 AAO decisions say

Published AAO non-precedent decisions, 2001–2024 · updated 2026-10-16

Between 2001 and 2024 the AAO published 44 O-1B appeal decisions from visual 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 visual 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	Remanded	Total
2024	1 (—)	0	1
2022	1 (—)	0	1
2021	1 (—)	0	1
2020	3 (—)	0	3
2018	2 (—)	0	2
2017	4 (—)	0	4
2016	1 (—)	0	1
2015	1 (—)	0	1
2013	6 (—)	0	6
2012	1 (—)	0	1
2011	5 (—)	0	5
2009	0 (—)	1	1
2008	1 (—)	0	1
2007	1 (—)	0	1
2006	2 (—)	0	2
2005	2 (—)	0	2
2001	2 (—)	0	2

Criteria Breakdown

Criterion	In Dismissed	Total	Dismissal Rate
Significant recognition	33	33	100.0%
Awards or prizes	20	20	100.0%
Leading or critical role	19	19	—

Example Decisions

Dismissed2024-03-12The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the required number of evidentiary criteria. Specifically for the 'published materials' criterion, the petitioner did not… Dismissed2022-01-14The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum evidentiary requirements for the O-1B classification. The Director initially found that the petitioner did not… Dismissed2021-05-11The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the required evidentiary criteria for extraordinary ability in the arts. The AAO reviewed the evidence for several criteria,… Dismissed2020-12-16The appeal was dismissed because the petitioner failed to prove the beneficiary met the required evidentiary criteria. For the 'lead or starring participant' criterion, the evidence of tattooing a celebrity lacked the… Dismissed2020-07-14The appeal was dismissed because the petitioner failed to establish that the beneficiary met the required minimum of three evidentiary criteria. The AAO agreed that the beneficiary qualified for the 'lead or starring…

Sample: published AAO non-precedent decisions collected from uscis.gov, 2001–2024. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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