This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to satisfy the contract requirement (the contract was unsigned, undated, and missing key information) and the events/activities requirement (unresolved discrepancies between deal memos and supporting letters). The AAO did not reach the merits of the beneficiary's extraordinary achievement.
3 more criteria would trigger a full merits review.
A business management company filed an O-1B petition on behalf of an actress seeking classification based on extraordinary achievement in motion pictures and television. SCOPS denied the petition for failure to establish a valid contract and qualifying future events, and affirmed that denial on motion. On appeal, the AAO conducted a de novo review and found the management contract fatally deficient — it was unsigned by the beneficiary, undated, and missing the start date. The AAO also found that multiple deal memos submitted to show upcoming roles were undermined by contradictory letters and the absence of corroborating public records showing the productions were viable. Because these threshold procedural requirements were not met, the AAO dismissed the appeal without reaching the extraordinary achievement merits.
What failed: 1. The management contract was unsigned by the beneficiary, undated, and missing its start date — rendering it non-probative. 2. Deal memos claiming secured lead roles were contradicted by accompanying letters stating the beneficiary still needed to audition, and by public records showing productions were closed or unconfirmed. 3. The petitioner repeatedly re-submitted the same deficient evidence without addressing SCOPS's specific findings, failing to resolve material inconsistencies in the record.
Takeaway: For O-1B petitions, ensure all contracts are fully executed (signed by all parties, dated, and complete) before filing, and verify that every deal memo is corroborated by consistent, independently verifiable evidence that the future engagement is real and definite. When USCIS identifies specific discrepancies, the RFE response must directly address and resolve each one with new objective evidence, not simply resubmit the same documents.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating O-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The management contract was unsigned by the beneficiary, undated, and missing its start date — rendering it non-probative
- Deal memos claiming secured lead roles were contradicted by accompanying letters stating the beneficiary still needed to audition, and by public records showing productions were closed or unconfirmed
- The petitioner repeatedly re-submitted the same deficient evidence without addressing SCOPS's specific findings, failing to resolve material inconsistencies in the record.
Management contract — unsigned by beneficiary, missing start date, and undated
Deal memo and letter from theatre company — contradictory; letter said beneficiary must audition annually while deal memo claimed a lead role already secured
Deal memo and letter from film producer (NGAP) — letter incomplete/cut off mid-sentence; no public record confirming the film was in production
Deal memo and background information for theatrical production — production already closed (April 26–May 13, 2017) with no evidence of future showings
Deal memo and IMDb screenshots for SM film — IMDb showed pre-production since 2017 with no cast listed, no evidence film would proceed as stated
Completed
I-129 filed
Actress in motion picture and television productions
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2025-07-11
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to satisfy the contract requirement (the contract was unsigned, undated, and missing key information) and the events/activities requirement (unresolved discrepancies between deal memos and supporting letters). The AAO did not reach the merits of the beneficiary's extraordinary achievement.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
Find this useful? A coffee helps keep Case Reviewer free and ad-free.
Buy me a coffee