All Cases
27 cases · 63 approved / sustained · 27 denied / dismissed · 0 remanded
Art Director
Entertainment
USCIS O-1 rfe dismissed
2025-04-14
The appeal was dismissed because the petitioner failed to satisfy the consultation requirements for the MPTV industry under 8 C.F.R. § 214.2(o)(5)(iii). Specifically, the petitioner did not submit a required written advisory opinion from an appropriate management organization. Evidence submitted for the first time on appeal was not considered because the petitioner had prior notice of the requirement.
Director
Sports
USCIS O-1 rfe dismissed
2025-02-25
The appeal was dismissed because the Petitioner failed to establish the Beneficiary met the required three out of eight O-1 criteria. Specifically, the Petitioner did not demonstrate that the claimed awards were nationally or internationally recognized for excellence, that memberships required outstanding achievements judged by experts, that published materials were from professional or major media and 'about' the Beneficiary, or that original contributions were scientific, scholarly, or business-related and of major significance to the field beyond individual athletes/teams.
Financial Manager
Automotive
USCIS O-1 dismissed
South Carolina 2025-02-20
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary met at least three of the eight O-1 evidentiary criteria. Specifically, the AAO found the Petitioner did not establish eligibility for awards, memberships, judging, or original contributions, including through comparable evidence. Although the Director initially found one criterion (critical or essential capacity) met, this was insufficient to satisfy the minimum requirement of three criteria.
Choreographer
Performing Arts · Russia
USCIS O-1 rfe dismissed
2025-01-31
The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary's eligibility for O-1 classification. The Beneficiary's awards were not deemed significant national or international prizes comparable to an Academy Award. Furthermore, the Petitioner did not establish that the Beneficiary met at least three of the six alternative evidentiary criteria, specifically failing to prove lead/starring roles in distinguished productions, critical roles for distinguished organizations, major commercial/critically acclaimed successes, or a high salary relative to others in the field, often due to insufficient or untimely evidence.
Art Director
Performing Arts
USCIS O-1 rfe dismissed
California 2024-12-11
The AAO dismissed the appeal because the Petitioner failed to establish the Beneficiary met at least three of the regulatory criteria for O-1 classification. Specifically, the Petitioner did not provide sufficient evidence for the 'lead or starring participant' criterion (8 C.F.R. § 214.2(o)(3)(iv)(B)(1)), lacking proof of distinguished reputation for productions and critical reviews. For the 'significant recognition from experts' criterion (8 C.F.R. § 214.2(o)(3)(iv)(B)(5)), submitted letters were deemed to lack probative value due to identical content and authors' lack of independence, and did not collectively demonstrate significant recognition.
Software Developer
Software
USCIS O-1 rfe dismissed
2024-11-13
The appeal was dismissed because the Petitioner failed to establish the Beneficiary met at least three of the eight O-1 evidentiary criteria. Specifically, the 'awards' criterion was not met as the submitted award lacked national/international recognition for excellence and objective measurement criteria. The 'membership' criterion was not met as associations did not require outstanding achievements judged by experts. The 'published material about' criterion was not met as articles were either not about the Beneficiary, were submitted after filing, or were self-authored. The 'judging work of others' criterion was not met as mentoring roles were not equivalent to judging, lacking specificity and detail. Finally, 'original contributions of major significance' were not established, as testimonial letters made broad claims about company impact rather than field-wide significance and lacked specific details. Claims for high salary, scholarly articles, employment in a critical or essential capacity, and comparable evidence were not considered as they were raised for the first time on appeal or not pursued.
Coach
Sports
USCIS O-1 dismissed
2024-10-29
The Director denied the petition because the Beneficiary failed to meet the O-1 criteria for extraordinary ability in athletics, specifically not providing evidence of a major award or meeting three of the eight evidentiary criteria. The AAO summarily dismissed the appeal because the Petitioner's appeal submission did not identify specific erroneous conclusions of law or fact in the Director's decision, and the supplemental brief was incorrectly sent to the Phoenix Lockbox instead of the AAO. The motions to reopen and reconsider were dismissed because the Petitioner did not present new facts or evidence, nor did they establish that the AAO's prior summary dismissal was based on an incorrect application of law or policy.
Others
Sports · Armenia
USCIS O-1 rfe dismissed
2024-10-17
The AAO dismissed the appeal because the Petitioner failed to establish that the Beneficiary met the criteria for membership in associations requiring outstanding achievements, original contributions of major significance (even with comparable evidence), or commanding a high salary. The evidence provided for membership lacked detail on judging by experts and specific requirements. The 'Master of Sports' title was not adequately shown to be a major significant contribution, and salary claims lacked reliable corroborating evidence and appropriate comparative data for boxers in Armenia.
Others
Entertainment · Colombia
USCIS O-1 rfe dismissed
2024-10-15
The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary met at least three of the six evidentiary criteria for extraordinary achievement in the motion picture or television industry. Specifically, the Petitioner did not provide adequate documentation for future lead/starring roles in distinguished productions, failed to show national/international recognition through major publications, did not establish future critical roles for distinguished organizations, and presented awards as certificates rather than published reports of commercial success. The AAO declined to review the Director's favorable finding on high salary or other criteria, as the overall threshold of three criteria was not met.
Physical Therapist
Entertainment
USCIS O-1 dismissed
2024-10-11
The appeal was dismissed because the Director initially denied the petition due to the Beneficiary's failure to meet the O-1 extraordinary ability criteria, specifically not demonstrating a major award or three of the eight evidentiary categories. Furthermore, a subsequent nonimmigrant petition for the same Beneficiary was approved, making the current appeal moot.