This appeal was not successful at this stage
The appeal was dismissed because the petitioner failed to submit a valid written contract or oral agreement summary as required by regulation. The employment contract provided was unsigned by the beneficiary and undated, making it insufficient to establish eligibility.
3 more criteria would trigger a full merits review.
A tennis training center filed an O-1A petition for a tennis coach it sought to employ as a senior instructor. The Vermont Service Center denied the petition for failing to provide a contract, evidence of events/activities, and an advisory opinion. On appeal, the AAO agreed that the undated employment contract signed only by the petitioner—not the beneficiary—was insufficient to satisfy the regulatory requirement for a written contract or oral agreement summary. Because this threshold procedural deficiency was dispositive, the AAO declined to address the other grounds for denial or the merits of the beneficiary's extraordinary ability claim.
What failed: The petitioner failed to submit a valid written contract signed by both parties. The employment contract provided was undated and lacked the beneficiary's signature, with the petitioner explaining the beneficiary would sign only after the visa was granted. The AAO also refused to consider additional documents submitted for the first time on appeal.
Takeaway: For O-1 petitions, a fully executed, dated employment contract signed by both the petitioner and beneficiary must be included at the time of filing. Explaining that a signature will be obtained after visa approval does not satisfy the regulatory contract requirement, and critical evidence cannot be saved for the appeal stage.
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-1A criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The petitioner failed to submit a valid written contract signed by both parties
- The employment contract provided was undated and lacked the beneficiary's signature, with the petitioner explaining the beneficiary would sign only after the visa was granted
- The AAO also refused to consider additional documents submitted for the first time on appeal.
Completed
I-129 filed
Tennis coach / senior tennis instructor
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2024-07-31
AAO decision — Dismissed
The appeal was dismissed because the petitioner failed to submit a valid written contract or oral agreement summary as required by regulation. The employment contract provided was unsigned by the beneficiary and undated, making it insufficient to establish eligibility.
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.