EB-2 NIW (5038)H-1B (4985)EB-1A (4549)L-1A (4206)EB-1C (2797)EB-3 (1963)L-1B (723)EB-2 (615)EB-1B (301)O-1A (286)O-1B (256)E-2 (26)O-2 (13)EB-2/3 (7)P-1 (4)unclear (3)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
256 total decisions
Page 2 of 3
remanded
O-1B
Film And Television Production
The AAO withdrew the director's decision to revoke the petition's approval. However, because the AAO also found that the petition was not ap...
8 C.F.R. § 214.2(O)(3)(V)(A) (Significant National Or International Awards) 8 C.F.R. § 214.2(O)(3)(V)(B) (Alternative Evidentiary Criteria)
dismissed
O-1B
Opera
The appeal was dismissed because the petitioner, a non-profit music organization, failed to establish the beneficiary's eligibility as an op...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B) 8 C.F.R. § 214.2(O)(3)(Iv)(C)
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility as an individual with extraordinary abilit...
Awards Or Prizes At Least Three Of Six Criteria Comparable Evidence Event Or Events
dismissed
O-1B
Dance
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B)
dismissed
O-1B
Acting
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum evidentiary requirements for the ...
Significant National Or International Awards Lead Or Starring Participant In Productions With Distinguished Reputation National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts Or Organizations High Salary Or Other Substantial Remuneration
dismissed
O-1B
Dance
The appeal was dismissed because the petitioner did not establish that the beneficiary, a dancer, met the evidentiary criteria for an alien ...
Nominated For Or Recipient Of Significant National Or International Awards Performed As A Lead Or Starring Participant In Productions Or Events With A Distinguished Reputation
dismissed
O-1B
Theater
The appeal was dismissed because the petitioner failed to establish that the beneficiary meets the minimum evidentiary requirements for an a...
8 C.F.R. § 214.2(O)(3)(Iv)(A) (Major Awards) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(1) (Lead/Starring In Distinguished Productions) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(2) (National/International Recognition) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(3) (Lead/Starring/Critical Role For Distinguished Organizations) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(4) (Commercial/Critical Success) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(5) (Significant Recognition From Experts) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(6) (High Salary) 8 C.F.R. § 214.2(O)(3)(Iv)(C) (Comparable Evidence)
dismissed
O-1B
Horse Training
The appeal was dismissed because the AAO determined the petitioner misclassified the beneficiary's field. The petitioner sought an O-1B visa...
Definition Of Arts Vs. Athletics 8 C.F.R. § 214.2(O)(3)(Iv)(A) (Awards Or Prizes) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(1) (Lead Or Starring Participant) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(2) (National/International Recognition) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(3) (Lead, Starring, Or Critical Role) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(4) (Commercial Or Critical Success) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(5) (Significant Recognition/Testimonials) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(6) (High Salary) 8 C.F.R. § 214.2(O)(3)(Iv)(C) (Comparable Evidence)
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility. The director initially found that the pet...
8 C.F.R. § 214.2(O)(3)(Iv)(A) (Nomination Or Receipt Of Major Awards) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(1) (Lead Or Starring Participant In Distinguished Productions) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(2) (National/International Recognition) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(3) (Lead, Starring, Or Critical Role For Distinguished Organizations) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(4) (Major Commercial Or Critically Acclaimed Successes) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(5) (Significant Recognition For Achievements) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(6) (High Salary Or Other Remuneration)
dismissed
O-1B
Horse Training
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the regulatory criteria for an O-1B alien of ex...
Nomination For Or Receipt Of Significant National Or International Awards Or Prizes Lead Or Starring Participant In Productions Or Events National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts Or Organizations High Salary Or Other Remuneration Deference To Prior Approvals
dismissed
O-1B
Dance
The appeal was dismissed because the petitioner filed for the beneficiary under the 'extraordinary ability in the arts' category. The AAO de...
Awards Or Prizes Lead Or Starring Participant In Productions/Events National/International Recognition Through Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts/Organizations High Salary Distinction Between Arts And Athletics Criteria
dismissed
O-1B
Horse Training
The appeal was dismissed primarily because the AAO found that the beneficiary's work of training 'cutting' horses for competition does not q...
(A) Nomination Or Receipt Of Significant Awards (B)(1) Lead Or Starring Participant In Productions/Events (B)(2) National Or International Recognition/Reviews (B)(3) Lead, Starring, Or Critical Role For Distinguished Organizations (B)(4) Major Commercial Or Critically Acclaimed Successes (B)(5) Significant Recognition From Experts (B)(6) High Salary Or Other Remuneration (C) Comparable Evidence Definition Of 'Arts' Under 8 C.F.R. § 214.2(O)(3)(Ii)
dismissed
O-1B
Flight Instruction
The appeal was dismissed primarily for two reasons. First, the director determined that the beneficiary's role as a flight instructor does n...
Definition Of 'Arts' Awards Or Prizes Lead Or Starring Participant Published Materials About Beneficiary Critical Role For Distinguished Organizations Commercial Or Critically Acclaimed Successes Recognition From Experts/Organizations High Salary
dismissed
O-1B
Ballroom Dance
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies for classification as an alien of extraor...
Awards Or Prizes Lead Or Starring Participant National Or International Recognition Lead, Starring, Or Critical Role Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts High Salary Comparable Evidence
dismissed
O-1B
Horse Training
The appeal was dismissed primarily because the petitioner failed to establish that the beneficiary's occupation, training horses for racing,...
Definition Of 'Arts' Impermissible Self-Petitioning
dismissed
O-1B
Film Production
The director denied the petition, concluding the petitioner failed to prove the beneficiary had received a significant national or internati...
Nomination Or Receipt Of Significant National/International Awards Lead Or Starring Participant In Productions/Events With Distinguished Reputation National/International Recognition Via Reviews/Published Material Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Organizations, Critics, Or Experts High Salary Or Other Substantial Remuneration
dismissed
O-1B
Acting / Motion Picture
The appeal was dismissed because the petitioner failed to establish that the beneficiary has a demonstrated record of extraordinary achievem...
Significant National Or International Awards Or Prizes Lead Or Starring Participant In Distinguished Productions Or Events National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Organizations, Critics, Or Experts High Salary Or Other Substantial Remuneration
dismissed
O-1B
Music
The director denied the petition, finding the petitioner failed to establish that the beneficiary qualified as an alien of extraordinary abi...
Awards Or Prizes Lead Or Starring Role In Distinguished Productions National Or International Recognition Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts High Salary Comparable Evidence
dismissed
O-1B
Arts Administration
The appeal was dismissed because the director determined the beneficiary's role as a president who administers and promotes art exhibits is ...
Definition Of 'Field Of Arts' Extraordinary Ability ('Distinction') Standard Valid U.S. Employer Requirement
dismissed
O-1B
Fine Arts
The appeal was dismissed as moot. The AAO determined that the beneficiary had already been granted O-1 status through a separate, approved p...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B)
dismissed
O-1B
Fine Arts
The appeal was dismissed as moot because the beneficiary had already been granted O-1 status through a separate, successful petition filed b...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B)
dismissed
O-1B
Arts
The appeal was dismissed because the AAO concurred with the director's finding that the petitioner failed to establish the beneficiary quali...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B) 8 C.P.R.§ 214.2(O)(3)(I)
dismissed
O-1B
Art
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies as an alien of extraordinary ability in t...
Major Awards National Or International Recognition For Achievements Evidenced By Critical Reviews Or Other Published Materials A Record Of Major Commercial Or Critically Acclaimed Successes Significant Recognition For Achievements From Organizations, Critics, Government Agencies, Or Other Recognized Experts
dismissed
O-1B
Music
The director denied the petition because the submitted evidence was insufficient to establish that the beneficiary's achievements and recogn...
Nominated For Or Recipient Of Significant Awards Lead Or Starring Participant In Productions Or Events Of Distinguished Reputation National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Organizations Of Distinguished Reputation Major Commercial Or Critically Acclaimed Successes Significant Recognition From Organizations, Critics, Or Experts High Salary Or Other Substantial Remuneration Comparable Evidence
dismissed
O-1B
Fashion Modeling
The director initially denied the petition because the petitioner, an agent, failed to submit a complete itinerary and contracts. The AAO di...
Itinerary Requirement For Agents Contracts With Employers
dismissed
O-1B
Arts
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident, which depr...
8 C.F.R. § 214.2(O)(Iv)(A) 8 C.F.R. § 214.2(O)(Iv)(B)
dismissed
O-1B
Acting
The appeal was dismissed because the underlying issue became moot. U.S. Citizenship and Immigration Services (USCIS) records indicated that ...
Significant National Or International Awards Alternative Evidentiary Criteria (At Least Three Of Six) Specific Event Or Events
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary, a violinist, met the necessary evidentiary requi...
Significant National Or International Awards Lead Or Starring Participant In Productions/Events National Or International Recognition In Major Media Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts/Organizations High Salary Or Other Remuneration
dismissed
O-1B
Architectural And Interior Design
The petition was initially approved but subsequently revoked upon review. The director found, and the AAO agreed, that the petitioner's evid...
Awards Or Prizes Lead Or Starring Role In Productions/Events National/International Recognition Critical Role For Distinguished Organizations Major Commercial Or Critical Success High Salary Comparable Evidence
dismissed
O-1B
Acting
The director denied the petition because the petitioner failed to demonstrate that the beneficiary has a record of extraordinary achievement...
Significant National Or International Awards Lead Or Starring Participant In Distinguished Productions National Or International Recognition Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts High Salary Or Other Remuneration
dismissed
O-1B
Culinary Arts
The motion to reopen was rejected as untimely, having been filed 656 days after the appeal was dismissed, far beyond the 30-day regulatory p...
Advisory Opinion Timely Filing Of Motion Ineffective Assistance Of Counsel
dismissed
O-1B
Indian Classical Music
The appeal was summarily dismissed because the petitioner failed to provide sufficient evidence to support its claims. The petitioner mentio...
Awards Or Prizes Published Material About The Alien High Salary Or Other Remuneration Comparable Evidence
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a drummer/musician, qualifies as an alien of extra...
Nominated For Or Recipient Of Significant National Or International Awards Lead Or Starring Participant In Productions Or Events With A Distinguished Reputation National Or International Recognition For Achievements Through Critical Reviews Or Other Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations Record Of Major Commercial Or Critically Acclaimed Successes Significant Recognition For Achievements From Organizations, Critics, Or Other Experts Commanded A High Salary Or Other Substantial Remuneration Comparable Evidence
dismissed
O-1B
Horse Training
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary qualifies as an alien with extraordinary ability ...
Major Awards Lead/Starring Role In Productions National/International Recognition Critical Role For Distinguished Organizations Major Commercial/Critical Success Significant Recognition From Experts High Salary Comparable Evidence
dismissed
O-1B
Fine Arts
The motion to reconsider was dismissed primarily on a procedural ground: the petitioner failed to submit a required statement about any rela...
8 C.F.R. § 214.2(O)(3)(Iv)(B) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(1)
dismissed
O-1B
Music
The appeal was rejected by the AAO because it was filed untimely. The appeal was received 35 days after the director's decision was mailed, ...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B)
dismissed
O-1B
Fashion Design
The director denied the petition because the petitioner failed to establish that the beneficiary met the standard for extraordinary ability ...
Significant National Or International Awards Leading Or Critical Role For Distinguished Organizations Published Material About The Beneficiary In Major Media Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts High Salary
dismissed
O-1B
Acting
The director initially denied the petition because the petitioner failed to submit required evidence, such as a consultation from a labor un...
Consultation Itinerary Contracts Extraordinary Achievement
dismissed
O-1B
Music
The motion to reconsider was dismissed on procedural grounds for failing to meet filing requirements, specifically not including a statement...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B) 8 C.F.R. § 214.2(O)(2)(Ii)(B) 8 C.F.R. § 214.2(O)(2)(Iv)(E) Kazarian Two-Part Analysis
dismissed
O-1B
Music
The appeal was dismissed because the underlying issue became moot. The beneficiary had already adjusted their status to that of a U.S. perma...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B)
dismissed
O-1B
Music
The appeal was dismissed because the underlying issues became moot. The beneficiary had already adjusted their status to that of a U.S. perm...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B)
dismissed
O-1B
Acting
The appeal was dismissed because the petitioner failed to submit mandatory written consultations from a labor union and a management organiz...
Written Consultations From Labor Union And Management Organization
dismissed
O-1B
Music
The appeal was dismissed because the petitioner, a record label, failed to establish that the beneficiary qualified as a musician with extra...
Significant National Or International Awards Or Prizes Lead Or Starring Participant In Productions/Events With A Distinguished Reputation National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Organizations, Critics, Or Experts High Salary Or Other Substantial Remuneration Comparable Evidence
dismissed
O-1B
Music
The director initially denied the petition, finding the evidence insufficient to establish that the beneficiary's achievements as a musician...
Nomination For Or Receipt Of Significant National Or International Awards Lead Or Starring Participant In Productions Or Events With A Distinguished Reputation National Or International Recognition For Achievements Via Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts Or Critics Commanded A High Salary Or Other Substantial Remuneration Comparable Evidence
dismissed
O-1B
Entertainment
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the required evidentiary criteria for an alien ...
Major Awards (National Or International) Lead Or Starring Role In Distinguished Productions/Events National/International Recognition Via Critical Reviews/Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts/Critics/Organizations High Salary Or Other Substantial Remuneration Comparable Evidence
sustained
O-1B
Fashion Modeling
The director denied the petition because the petitioner, a model management firm acting as an agent, failed to provide a complete itinerary ...
Itinerary Of Events Contracts With Employers Agent As Petitioner Requirements
dismissed
O-1B
Art Dealing
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed for a specific 'event' or serie...
Event Requirement (8 C.F.R. § 214.2(O)(2)(Ii)(C)) Definition Of Event (8 C.F.R. § 214.2(O)(3)(Ii))
dismissed
O-1B
Acting
The director denied the petition because the petitioner failed to provide the mandatory written consultations from an appropriate union and ...
Consultation Requirement
dismissed
O-1B
Music
The appeal was dismissed because the petitioner, a restaurant and music venue, failed to establish that the beneficiary qualified as an alie...
8 C.F.R. § 214.2(O)(3)(Iv)(A) - Major Awards 8 C.F.R. § 214.2(O)(3)(Iv)(B)(1) - Lead/Starring In Distinguished Productions/Events 8 C.F.R. § 214.2(O)(3)(Iv)(B)(2) - National/International Recognition/Reviews 8 C.F.R. § 214.2(O)(3)(Iv)(B)(3) - Lead/Starring/Critical Role For Distinguished Organizations 8 C.F.R. § 214.2(O)(3)(Iv)(B)(4) - Commercial Or Critical Success 8 C.F.R. § 214.2(O)(3)(Iv)(B)(5) - Recognition From Experts/Organizations 8 C.F.R. § 214.2(O)(3)(Iv)(B)(6) - High Salary 8 C.F.R. § 214.2(O)(3)(Iv)(C) - Comparable Evidence
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary meets the minimum evidentiary requirements for an...
Major National Or International Awards Or Prizes Lead Or Starring Participant In Distinguished Productions/Events National Or International Recognition Through Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts Or Organizations High Salary Or Other Substantial Remuneration
dismissed
O-1B
Arts
The appeal was dismissed as moot. The AAO noted that a second O-1 nonimmigrant petition had been filed for the same beneficiary and was appr...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B)
dismissed
O-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies as an alien of extraordinary ability in t...
Recipient Of Significant National/International Awards Lead Or Starring Participant In Productions/Events National Or International Recognition Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts High Salary Or Other Remuneration Comparable Evidence Advisory Opinion
dismissed
O-1B
Ceramics
The director initially denied the petition, finding the petitioner had not demonstrated that the beneficiary, a ceramics artist, met the evi...
8 C.F.R. § 214.2(O)(3)(Iv)(A) (Awards Or Prizes) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(1) (Lead Or Starring Participant) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(2) (National/International Recognition/Reviews) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(3) (Lead/Starring/Critical Role For Distinguished Organizations) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(4) (Major Commercial Or Critically Acclaimed Successes) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(5) (Significant Recognition From Experts/Organizations) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(6) (High Salary) 8 C.F.R. § 214.2(O)(3)(Iv)(C) (Comparable Evidence)
dismissed
O-1B
Art
The appeal was dismissed because the petitioner failed to establish that the beneficiary meets the evidentiary criteria for an alien of extr...
Major National Or International Awards Or Prizes Leading Or Starring Participant In Productions Or Events National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts Or Organizations High Salary Or Other Substantial Remuneration
dismissed
O-1B
Music
The appeal was dismissed as moot. While the director initially denied the petition for failing to provide an adequate itinerary of events, t...
Itinerary Mootness
dismissed
O-1B
Art
The director denied the petition, concluding the petitioner failed to establish the beneficiary's extraordinary ability in the arts by not m...
Major Awards National Or International Recognition Significant Recognition From Experts High Salary
dismissed
O-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary, an Executive Chef, is an alien of extraordinary ...
Awards Lead/Starring Role In Productions/Events National/International Recognition Lead/Starring/Critical Role For Organizations Commercial/Critically Acclaimed Successes Significant Recognition From Experts High Salary
dismissed
O-1B
Performing Arts
The appeal was dismissed because the petitioner, an entertainment agency filing as an agent, failed to provide the required copies of contra...
Nomination/Receipt Of Major Awards Lead/Starring Role In Distinguished Productions National/International Recognition Lead/Starring/Critical Role For Distinguished Organizations Major Commercial/Critically Acclaimed Success Significant Recognition From Experts High Salary/Remuneration Agent Petitioner Filing Requirements (Contracts/Itinerary)
dismissed
O-1B
Cinematography
The appeal was dismissed because the petitioner failed to establish that the beneficiary has a demonstrated record of extraordinary achievem...
Significant National Or International Awards Lead Or Starring Participant In Distinguished Productions National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition For Achievements From Experts High Salary Or Other Substantial Remuneration
dismissed
O-1B
Music
The director initially denied the petition for failing to submit a consultation from an appropriate labor organization and for not providing...
Written Advisory Opinion / Consultation Itinerary / Explanation Of Events Contract / Terms Of Oral Agreement
sustained
O-1B
Music
The appeal was sustained because the director's denial was based on procedural errors. The AAO determined that the director improperly denie...
Advisory Opinion/Consultation Proper Petitioner (Employer/Agent)
dismissed
O-1B
Culinary Arts
The appeal was dismissed as untimely filed. The petitioner filed the appeal with the correct service center 40 days after the director's dec...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider Written Advisory Opinion
dismissed
O-1B
Ballroom Dance
The appeal was dismissed because the petitioner failed on two procedural grounds. The petitioner did not provide a required written advisory...
Advisory Opinion Itinerary Of Events
dismissed
O-1B
Dance
The appeal was dismissed because the petitioner failed to fulfill the written consultation requirement. The director initially denied the pe...
Written Consultation / Advisory Opinion
dismissed
O-1B
Ballet Dance
The appeal was dismissed because the petitioner failed to overcome the director's finding on revocation. The director determined that the ev...
Lead Or Starring Participant In Distinguished Productions Or Events National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Organizations, Critics, Or Experts High Salary Or Other Substantial Remuneration
dismissed
O-1B
Motorcycle Design
The appeal was dismissed because the petitioner failed to submit any substantive supporting evidence in response to the director's request f...
8 C.F.R. § 214.2(O)(3)(Iv)(A) 8 C.F.R. § 214.2(O)(3)(Iv)(B) Consultation Prior Approval Deference (Yates Memo)
dismissed
O-1B
Music Production
The director revoked the initial approval, citing gross error because the petitioner failed to provide an adequate explanation of the events...
Itinerary/Events Requirement Agent As Petitioner Revocation For Gross Error
dismissed
O-1B
Music
The appeal was rejected because it was filed untimely. The director's decision was mailed on November 24, 2009, making the appeal due by Dec...
Timely Filing Of Appeal Proper Petitioner Requirement
dismissed
O-1B
Culinary Arts
The director denied the petition, finding the petitioner had only established one of the required evidentiary criteria to prove the benefici...
Awards Or Prizes Lead Or Starring Participant National Or International Recognition Lead, Starring, Or Critical Role Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts High Salary
dismissed
O-1B
Film Production
The appeal was dismissed because the petitioner failed to establish that the beneficiary has a demonstrated record of extraordinary achievem...
Awards (National Or International) Lead/Starring Role In Distinguished Productions National/International Recognition Critical Role For Distinguished Organizations Major Commercial/Critical Success Significant Recognition From Experts High Salary Consultation Letter
dismissed
O-1B
Dance
The appeal was dismissed because the petitioner, who filed the petition electronically, failed to submit the required initial evidence to th...
Failure To Submit Initial Evidence Written Advisory Opinion Itinerary Of Events Or Activities
dismissed
O-1B
Cosmetology
The appeal was rejected because it was untimely filed, submitted 76 days after the director issued the adverse decision, far exceeding the 3...
Written Advisory Opinion Prominence In The Field Of Endeavor
dismissed
O-1B
Dance
The appeal was dismissed as moot. The AAO found that the beneficiary was already the recipient of an approved O-1 petition filed by another ...
Distinction In The Arts
dismissed
O-1B
Acting/Stunt Artist
The appeal was dismissed because the petitioner failed to establish that the beneficiary has a demonstrated record of extraordinary achievem...
Significant National Or International Awards Lead Or Starring Participant In Distinguished Productions National Or International Recognition Via Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts Or Organizations Commanded A High Salary
dismissed
O-1B
Acting
The appeal was dismissed because the petitioner failed to overcome the director's findings that the submitted evidence was insufficient to e...
Significant National Or International Awards Lead Or Starring Participant In Distinguished Productions National Or International Recognition Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts/Critics High Salary
dismissed
O-1B
Lighting And Sound Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the regulatory criteria for an alien with extra...
Nominated For Or Recipient Of Significant National Or International Awards Lead Or Starring Participant In Productions/Events With Distinguished Reputation National Or International Recognition For Achievements In Major Publications Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Organizations, Critics, Or Experts High Salary Or Other Substantial Remuneration Comparable Evidence
remanded
O-1B
Art
The appeal was remanded because the petitioner successfully established a claim of ineffective assistance of counsel, meeting the procedural...
Abandonment Motion To Reopen Ineffective Assistance Of Counsel
dismissed
O-1B
Dance
The appeal was dismissed because the petition was properly revoked. The director found the initial approval involved 'gross error' primarily...
Qualifying U.S. Employer Definition Of An 'Event' Extraordinary Ability In The Arts Revocation Due To Gross Error
dismissed
O-1B
Dance
The appeal of a previously approved but subsequently revoked petition was dismissed. The director revoked the approval on the basis of 'gros...
Qualifying Employer Or Agent Definition Of 'Event' Extraordinary Ability In The Arts Revocation For Gross Error
dismissed
O-1B
Dance
The appeal was dismissed because the AAO upheld the director's revocation of the petition's initial approval. The revocation was based on a ...
Qualifying Employer Or Agent Event Or Events Definition Gross Error
dismissed
O-1B
Radio Broadcasting
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the director's original de...
8 C.F.R. § 214.2(O)(3)(Iv) 8 C.F.R. § 214.2(O)(2)(Ii)(D) 8 C.F.R. § 214.2(O)(2)(Ii)(B) 8 C.F.R. § 103.3(A)(L)(V)
dismissed
O-1B
Pop Art
The appeal was dismissed as moot. USCIS records indicated that the beneficiary had already adjusted their status to that of a U.S. permanent...
National Or International Acclaim
dismissed
O-1B
Music
The motion to reopen was granted, but the AAO's previous dismissal of the appeal was affirmed. The decision was based on the petitioner's fa...
Contracts/Itinerary Awards Or Prizes Critical Reviews/Published Materials Lead/Starring/Critical Role
dismissed
O-1B
Video Production
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the required evidentiary criteria for the O-1...
Distinction Between 'Extraordinary Ability In The Arts' And 'Extraordinary Achievement In Motion Picture/Television' Nomination For Or Receipt Of A Significant Award Leading Or Starring Participant In Productions/Events Major Media Reviews Or Published Material High Salary Or Remuneration
dismissed
O-1B
Vocal Performance
The appeal was dismissed because the petitioner failed to submit required evidence, such as contracts and an itinerary, with the initial pet...
Contracts And Itinerary Awards Or Prizes Lead, Starring, Or Critical Role Significant Recognition For Achievements
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to prove the beneficiary met the standards for an alien of extraordinary ability. The...
Awards Or Prizes Lead Or Starring Participant National/International Recognition (Reviews/Published Material) Lead, Starring, Or Critical Role For Distinguished Organizations Comparable Evidence
dismissed
O-1B
Music
The appeal was dismissed because the beneficiary's awards failed to demonstrate sustained acclaim, as the most recent was from 1997. Additio...
National Or International Awards Or Prizes Lead Or Starring Participant In Productions Or Events With A Distinguished Reputation Lead, Starring, Or Critical Role For Organizations With A Distinguished Reputation
dismissed
O-1B
Music
The appeal was dismissed because the petitioner, an agent, failed to provide a complete itinerary and contracts with the beneficiary's emplo...
Agent Petition Requirements (Itinerary/Contract) Testimonials / Significant Recognition Published Material / Reviews
dismissed
O-1B
Art
The appeal was dismissed because the petitioner failed to establish the distinguished reputation of the venues where the beneficiary's art w...
Significant National Or International Awards Or Prizes Lead Or Starring Participant In Productions Or Events With A Distinguished Reputation National Or International Recognition For Achievements Via Published Materials
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to prove the beneficiary met the required criteria. The evidence did not establish th...
Lead Or Starring Participant In Productions Or Events With A Distinguished Reputation Lead, Starring, Or Critical Role For Organizations With A Distinguished Reputation Significant Recognition For Achievements From Experts Or Organizations
dismissed
O-1B
Music
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a bagpiper, met the criteria for an alien of extra...
Lead Or Starring Participant In Distinguished Productions/Events Lead, Starring, Or Critical Role For Distinguished Organizations Significant Recognition From Experts/Organizations
dismissed
O-1B
Photography
The appeal was summarily dismissed. The petitioner indicated they would submit a brief and/or additional evidence but failed to do so. The A...
Summary Dismissal Sustained Recognition
dismissed
O-1B
Photography
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Sustained Recognition
dismissed
O-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a chef, met the required criteria for an alien of ...
National Or International Recognition For Achievements Lead, Starring, Or Critical Role For Organizations With A Distinguished Reputation
dismissed
O-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a chef, possesses extraordinary ability in the art...
Evidence That The Alien Has Achieved National Or International Recognition For Achievements Evidenced By Critical Reviews Or Other Published Materials By Or About The Individual In Major Newspapers, Trade Journals, Magazines, Or Other Publications Evidence That The Alien Has Performed, And Will Perform, In A Lead, Starring, Or Critical Role For Organizations And Establishments That Have A Distinguished Reputation Evidenced By Articles In Newspapers, Trade Journals, Publications, Or Testimonials
dismissed
O-1B
Sound Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies as an alien with extraordinary ability in...
Awards Or Prizes Lead Or Starring Participant In Productions Or Events National Or International Recognition Lead, Starring, Or Critical Role For Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts (Testimonials) High Salary
dismissed
O-1B
Sound Design
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary meets the standard for extraordinary ability in t...
Awards Or Prizes Lead Or Starring Participant In Productions Or Events National Or International Recognition Lead, Starring, Or Critical Role For Distinguished Organizations Major Commercial Or Critically Acclaimed Successes Significant Recognition From Experts High Salary
dismissed
O-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the requisite three criteria for an O-1B visa. ...
Significant National Or International Awards Or Prizes Lead Or Starring Participant In Productions Or Events That Have A Distinguished Reputation National Or International Recognition For Achievements Through Published Materials Lead, Starring, Or Critical Role For Organizations And Establishments That Have A Distinguished Reputation
dismissed
O-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a chef, met the required evidentiary criteria for ...
Lead Or Starring Participant In Distinguished Productions Or Events National Or International Recognition Through Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations
dismissed
O-1B
Performing Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies as an alien with extraordinary ability in...
Receipt Of Significant National Or International Awards Lead Or Starring Role In Distinguished Productions Or Events National Or International Recognition Via Critical Reviews/Published Materials Lead, Starring, Or Critical Role For Distinguished Organizations
Showing 101–200 of 256
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