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O-1B appeals — Dismissed

Browse 155 AAO decisions where O-1B appeals were dismissed. Learn what evidence worked and what failed.

Dismissed (155)

Showing 40 of 155 decisions · Search all →

MAY052026_01D8101 ·2026-05-05
Dismissed

The AAO dismissed an O-1B petition for an executive sous chef, finding she met only one of the three required evidentiary criteria because her prior restaurants lacked demonstrated distinguished reputations and her prospective role was not shown to be lead or critical.
APR292026_01D8101 ·2026-04-29
Dismissed

The AAO dismissed an O-1B petition for a Korean pastry chef because the petitioner submitted evidence without ever explaining how it satisfied any of the required regulatory criteria, failing to meet its burden of proof.
DEC032025_01D8101 ·2025-12-03
Dismissed

Appeal dismissed because the petitioner argued for O-1B (Arts) classification on appeal but the beneficiary's intended work in film and TV required the more stringent O-1B (MPTV) standard, and the petitioner waived the MPTV denial by not challenging it.
JUL112025_01D8101 ·2025-07-11
Dismissed

The AAO dismissed an O-1B petition for an actress because the management contract was unsigned and defective, and deal memos for future productions were contradicted by supporting letters and public records.
MAY192025_01D8101 ·2025-05-19
Dismissed

A tattoo arts studio's O-1B petition for a tattoo artist was dismissed on appeal after SCOPS revoked the original approval, finding the Beneficiary failed to satisfy any of the required evidentiary criteria for extraordinary ability in the arts.
MAY142025_01D8101 ·2025-05-14
Dismissed

An art management company's O-1B petition for an interior designer was dismissed because the Petitioner could not show the Beneficiary met at least three of the six required evidentiary criteria for extraordinary ability in the arts.
APR232025_01D8101 ·2025-04-23
Dismissed

An agent's O-1B petition for a foreign actress was dismissed because the petitioner failed to prove any evidentiary criteria: the claimed awards lacked proof of national/international significance, and role documentation was insufficient and misdirected at venues rather than organizations.
APR142025_01D8101 ·2025-04-14
Dismissed

An agent's O-1B petition for an art director in the motion picture and television industry was dismissed because the required advisory opinions from both a labor union and a management organization in the MPTV industry were never properly submitted.
JAN312025_01D8101 ·2025-01-31
Dismissed

A dance studio's O-1B petition for a hip-hop choreographer was dismissed because the beneficiary's dance competition awards were not comparable to an Emmy or Grammy, and she met only two of the required three evidentiary criteria.
DEC182024_01D8101 ·2024-12-18
Dismissed

The AAO dismissed an O-1B petition for a sous chef because the petitioner failed to satisfy even three of the required six evidentiary criteria, relying on testimonial letters that do not meet regulatory standards.
DEC112024_01D8101 ·2024-12-11
Dismissed

The AAO dismissed an appeal for an O-1B petition for a Brazilian artistic director and drama teacher because the Petitioner could only establish one of the required three evidentiary criteria, with recommendation letters found to lack probative value and other evidence failing to meet regulatory standards.
OCT152024_01D8101 ·2024-10-15
Dismissed

A recruiting agency's O-1B petition for a Colombian brand ambassador and voice-over artist was dismissed because the petitioner only satisfied one of the three required evidentiary criteria, largely due to failure to properly document future distinguished engagements and submitting key evidence for the first time on appeal.
SEP272024_01D8101 ·2024-09-27
Dismissed

The AAO dismissed an appeal of a revoked O-1B petition for a ballroom dance teacher after the petitioner improperly attempted to substitute a new employer mid-adjudication by amending the petition rather than filing a new one.
SEP252024_01D8101 ·2024-09-25
Dismissed

The AAO dismissed an O-1B petition for a musician because the Petitioner could only demonstrate one of the required three evidentiary criteria, failing to show the Beneficiary would perform in future distinguished productions or that published articles demonstrated national/international recognition for achievements.
AUG282024_01D8101 ·2024-08-28
Dismissed

A restaurant's motion to reconsider an O-1 visa denial for an executive chef was dismissed because the Petitioner simply repeated previously rejected arguments and failed to show the AAO's prior decision was legally incorrect.
AUG272024_01D8101 ·2024-08-27
Dismissed

The AAO dismissed an O-1B petition for an art director/director because the petitioner failed to provide required consultation letters from all appropriate labor and management organizations — specifically the Directors Guild of America and AMPTP — before the filing deadline.
JUL242024_01D8101 ·2024-07-24
Dismissed

An O-1B petition for an Indian executive chef was dismissed because the Petitioner failed to satisfy at least three of the six required evidentiary criteria, falling short of the minimum threshold for extraordinary ability in the arts.
APR252024_01D8101 ·2024-04-25
Dismissed

An interior design company's O-1B petition for a Russian senior interior designer was dismissed because the beneficiary only met two of the required three evidentiary criteria, and the petitioning company had dissolved before adjudication.
MAR122024_01D8101 ·2024-03-12
Dismissed

An Argentine photographer's O-1B petition was dismissed because the talent agency petitioner failed to prove the beneficiary met three of six required evidentiary criteria and also omitted the mandatory peer group consultation.
FEB222024_01D8101 ·2024-02-22
Dismissed

A restaurant's O-1B petition for an executive chef was dismissed after the AAO found the Petitioner failed to meet even three of the six required evidentiary criteria, largely due to altered or fabricated articles and a failure to contest the Director's findings on appeal.
DEC132023_01D8101 ·2023-12-13
Dismissed

AAO dismissed an O-1B petition for a professional pianist after finding the petitioner failed to meet even two of the required three evidentiary criteria, relying primarily on testimonial letters that do not qualify under the applicable regulations.
OCT262023_01D8101 ·2023-10-26
Dismissed

A beauty salon's O-1B petition for a hairstylist was dismissed because the petitioner only met one of the required three evidentiary criteria, failing to demonstrate the beneficiary's prospective lead role, national recognition through major publications, or a critical role for distinguished organizations.
OCT182023_01D8101 ·2023-10-18
Dismissed

An entertainment group's O-1B petition for a singer was dismissed because accompanying musicians were improperly filed on the same petition, and the singer failed to show a qualifying major award or meet three evidentiary criteria.
AUG312023_01D8101 ·2023-08-31
Dismissed

An artist management agency's O-1B petition for a clarinetist was dismissed on appeal because the petitioner could not show the beneficiary met the minimum three evidentiary criteria, particularly failing to prove future lead or starring participation in distinguished productions or events.
AUG142023_01D8101 ·2023-08-14
Dismissed

A restaurant and bakery's O-1B petition for a Costa Rican pastry chef was dismissed because the evidence — including a bronze medal from a cooking competition and self-written business letters — failed to meet even the minimum three evidentiary criteria required.
APR202023_01D8101 ·2023-04-20
Dismissed

A restaurant's O-1B petition for a chef was dismissed after the chef failed to meet at least three of the six required evidentiary criteria, and the AAO reversed the Director's favorable finding on the published materials criterion.
APR132023_01D8101 ·2023-04-13
Dismissed

A management company's O-1B petition for a film director was dismissed after the AAO found the beneficiary met only one of the required three evidentiary criteria, with evidence for lead roles, national recognition, commercial success, and high salary all falling short.
MAR232023_02D8101 ·2023-03-23
Dismissed

AAO dismissed an O-1B appeal for a Salvadoran radio DJ because the newspaper articles submitted were radio station promotional ads, not critical reviews of the beneficiary's achievements, and failed to satisfy even one evidentiary criterion.
MAR152023_01D8101 ·2023-03-15
Dismissed

The AAO dismissed an O-1B appeal for an audio/recording engineer because the Petitioner only met one of the required three evidentiary criteria, failing to show the Beneficiary participated as a lead in productions with a distinguished reputation using the required documentary forms.
FEB222023_01D8101 ·2023-02-22
Dismissed

An entertainment company's O-1B petition for an Armenian singer was dismissed after the AAO found the Beneficiary did not meet the minimum three evidentiary criteria, and reversed the only criterion the Director had approved.
DEC292022_01D8101 ·2022-12-29
Dismissed

A dance studio's O-1B petition for a competitive ballroom dancer was dismissed because the AAO found the beneficiary was an athlete, not an artist, and the petition failed to meet the minimum three arts evidentiary criteria.
DEC072022_01D8101 ·2022-12-07
Dismissed

A restaurant and catering company's O-1 petition for a culinary director was dismissed after the petitioner failed to prove the beneficiary met even three of the six required criteria, and the AAO reversed the only criterion the Director had found satisfied.
NOV222022_01D8101 ·2022-11-22
Dismissed

The AAO dismissed an O-1B appeal for a Colombian popular music singer, finding zero of the required three evidentiary criteria met and reversing the Director's lone favorable finding on high salary.
OCT312022_01D8101 ·2022-10-31
Dismissed

A retail music store's O-1B petition for a band instrument repair technician was dismissed after the AAO found no evidentiary criteria met, reversing the Director's favorable findings on two criteria and rejecting the third.
OCT142022_01D8101 ·2022-10-14
Dismissed

AAO dismissed an O-1B petition for a stand-up comedian and content creator, finding only one of the required three evidentiary criteria met — the beneficiary did not demonstrate national/international recognition through major publications or prospective lead roles in distinguished productions.
OCT062022_01D8101 ·2022-10-06
Dismissed

The AAO dismissed a third motion to reconsider an O-1B petition for an actress because the petitioner again failed to identify specific legal or policy errors, merely restating prior arguments.
AUG302022_01D8101 ·2022-08-30
Dismissed

An O-1 appeal filed on behalf of a content creator was rejected because the agent submitted the Form I-290B with an auto-pen signature, which USCIS does not accept as a valid signature.
JUN222022_01D8101 ·2022-06-22
Dismissed

The AAO dismissed an O-1B petition for a boutique pastry shop's executive head pastry chef after finding that none of the three contested evidentiary criteria were met, including lead/starring participation, national recognition in major publications, or a high salary relative to peers.
MAR242022_01D8101 ·2022-03-24
Dismissed

The AAO dismissed a second motion to reconsider an O-1B petition for an actress because the Petitioner simply repeated prior arguments instead of identifying specific legal or policy errors in the AAO's decision.
JAN182022_01D8101 ·2022-01-18
Dismissed

The AAO dismissed this O-1B appeal as moot after the Beneficiary, a film/TV writer and executive producer, obtained U.S. permanent residency through a separate I-485 approval while the appeal was pending.